North Northamptonshire Council (21 012 096)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 04 Jan 2022
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s decision to stop his council tax discount and delay in reinstating. Mr X had a right of appeal to the Valuation Tribunal and the Council has now dealt with the matter.
The complaint
- Mr X complains the Council stopped his single person council tax discount because for a period during the covid-19 pandemic he was not living alone. Mr X says he sent the Council information about the situation in 2021 but it has delayed in dealing with it due to a backlog of work. Mr X says he went overdrawn as a result and he wants the Council to reinstate the discount quickly to avoid financial difficulty. He says it should pay compensation for his time and trouble.
The Ombudsman’s role and powers
- 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 have considered Mr X’s information and comments. I have clarified the position with the Council which has provided a copy of its letter to Mr X dated 26 November 2021.
My assessment
- I will not investigate this complaint for the following reasons:
- Mr X has a right of appeal to the Valuation Tribunal if there is a dispute about his entitlement to the single person discount (see paragraphs 2 and 3). The complaint is therefore outside the Ombudsman’s jurisdiction.
- I consider it reasonable for Mr X to use or have used his right of appeal if there was a dispute about the period of entitlement. The Valuation Tribunal has the power to change the Council’s decision. The Council’s information shows it decided in November to reinstate the single person discount and grant a refund so there is no ongoing problem.
Final decision
- The Ombudsman will not investigate Mr X’s complaint about the Council’s decision to stop his council tax discount and delay in reinstating. Mr X had a right of appeal to the Valuation Tribunal and the Council has now dealt with the matter.
Investigator's decision on behalf of the Ombudsman