Mansfield District Council (21 008 145)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 17 Oct 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a council tax discount because it would be reasonable for Mr Y to appeal to the Valuation Tribunal against any council tax demand he disagrees with.
The complaint
- Mr Y says the Council has failed to extend his council tax discount for another three months for a property he is renovating and has threatened him with court summons for the outstanding council tax.
- Mr Y also says the Council has failed to respond to his complaint.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
- I considered information provided by Mr Y.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr Y says the first lockdown caused by the Covid-19 pandemic led to delay in the renovation of his property.
- Mr Y has the right to appeal about the council tax discount at the Valuation Tribunal.
- The Valuation Tribunal is a free and independent service which considers disputes regarding council tax. Therefore, it is reasonable to expect Mr Y to appeal.
- In cases where we do not investigate the matters in a complaint, we do not separately investigate the Council’s complaint or correspondence handling.
Final decision
- We will not investigate Mr Y’s complaint because it would be reasonable for him to appeal to the Valuation tribunal.
Investigator's decision on behalf of the Ombudsman