Medway Council (21 016 351)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 24 Feb 2022
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about council tax banding. This is because Mr X had a right of appeal to the Valuation Tribunal and it would have been reasonable for him to use that right.
The complaint
- Mr X complains that his property has not been placed in the correct council tax banding. He says this means he has to pay £409 more than he should. He says this also excludes him from the government energy scheme.
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)
How I considered this complaint
- I considered information provided by Mr X.
- I considered the Ombudsman’s Assessment Code.
My Assessment
- Mr X says his property has been given the wrong council tax band and this has affected the amount of council tax he is liable for.
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. The Valuation Office Agency told Mr X in June 2021 that the next step to challenge the decision about his council tax banding would be an appeal to the Valuation Tribunal. It would have been reasonable for Mr X to use his right of appeal at that time.
- Mr X’s appeal would now be considered late. Where the relevant time period for an appeal has elapsed, the Tribunal president may under certain circumstances allow for a late appeal to be submitted. It is open to Mr X to ask the Valuation Tribunal to consider his late appeal.
Final decision
- We will not investigate Mr X’s complaint because this could have been appealed to a Valuation Tribunal and it would have been reasonable for Mr X to use that right.
Investigator's decision on behalf of the Ombudsman