Luton Borough Council (21 008 926)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 10 Nov 2021

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s decision on the complainant’s council tax liability. She has or had a right of appeal to the Valuation Tribunal against the decision.

The complaint

  1. The complainant, who I refer to here as Mrs B, has complained about a decision the Council made about her liability to pay council tax. She says the Council was wrong to decide she was not liable to pay council tax and so was not entitled to council tax reduction.

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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. It says we cannot normally investigate a complaint when someone can appeal, or could have appealed, 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)

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How I considered this complaint

  1. I considered information provided by the Mrs B and the Council. I also considered our Assessment Code.

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My assessment

  1. The Council wrote to Mrs B in July 2021 and explained its decision to end her council tax reduction. It also explained how she could challenge its decision and, if necessary, appeal to the Valuation Tribunal. I have seen no reason she could not be expected to use that right of appeal.

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Final decision

  1. We will not investigate Mrs B’s complaint because I consider she has or had a right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman

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