Eastleigh Borough Council (21 016 671)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 28 Feb 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council refusing Miss X a council tax exemption. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There was a right to appeal to a tribunal, which it would have been reasonable to expect Miss X to use.
The complaint
- Miss X complains the Council has not provided an exemption on her existing property after she moved to another town and had to then pay council tax on two properties whilst her existing property was for sale.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
- 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 Miss X and the Ombudsman’s Assessment Code.
My assessment
- The Council has discretion to consider requests to reduce or waive council tax generally but considers such requests in accordance with its policy on discretionary reductions. There is a right of appeal against any refusal.
Final decision
- We will not investigate this complaint. Miss X had a right to appeal to a tribunal against the Council’s decision not to reduce or waive her liability to pay council tax. It would have been reasonable for her to use this right of appeal.
Investigator's decision on behalf of the Ombudsman