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

  1. 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.
  2. Mr Y also says the Council has failed to respond to his complaint.

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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. 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)
  3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

  1. I considered information provided by Mr Y.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr Y says the first lockdown caused by the Covid-19 pandemic led to delay in the renovation of his property.
  2. Mr Y has the right to appeal about the council tax discount at the Valuation Tribunal.
  3. 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.
  4. In cases where we do not investigate the matters in a complaint, we do not separately investigate the Council’s complaint or correspondence handling.

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Final decision

  1. We will not investigate Mr Y’s complaint because it would be reasonable for him to appeal to the Valuation tribunal.

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Investigator's decision on behalf of the Ombudsman

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