London Borough of Brent (21 007 023)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 06 Oct 2021

The Ombudsman's final decision:

Summary: We cannot investigate this council tax complaint because the complainant has appealed to the Valuation Tribunal.

The complaint

  1. The complainant, whom I refer to as Ms X says the Council has failed to administer her council tax correctly. Ms X wants a credit to be added to her council tax account.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6), as amended)
  3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
  4. We only consider a complaint if the Council has first had a chance to deal with it.

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How I considered this complaint

  1. I considered information provided by Ms X and the Council. I also considered the Ombudsman’s Assessment Code and invited Ms X to comment on a draft of this decision.

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My assessment

  1. Ms X complained to the Council about not receiving the council tax single person discount. She also complained that the Council had not treated a property as two separate units for council tax. I cannot investigate either issue because Ms X has appealed to the Valuation Tribunal.
  2. Ms X has also complained about not receiving a council tax bill which would have allowed her to apply for a discretionary grant. I will not investigate this issue because she has not complained about it to the Council. If Ms X wants to pursue a complaint that she has been denied the opportunity to apply for a discretionary grant then she will need to complain to the Council.

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Final decision

  1. I cannot investigate this complaint because Ms X has appealed to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman

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