London Borough of Bromley (22 001 989)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 23 May 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about council tax and council tax support. This is because it is reasonable for Miss Y to appeal to the Valuation Tribunal.
The complaint
- Miss Y complains the Council has wrongly charged her for full council tax despite her income being too low for this and her living in temporary accommodation following domestic abuse. Miss Y feels it is not acceptable for the Council to issue proceedings for non-payment of council tax when the payment is in dispute.
- Miss Y has a mental health condition and feels the issue has made this worse, causing her upset and distress.
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 considered information Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
- Miss Y moved into the Council’s area in May 2021 She says she has been billed for the full amount of council tax despite her income being low. She complained to the Council about this in April 2022. The Council responded in May, explaining that the matter was for the courts to determine Miss Y’s liability and consequently it would not consider her complaint under its complaints process. Miss Y approached us in May 2022 and has now received a Liability Order for the unpaid council tax.
Analysis
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. This is often free and reasonable adjustments can be made where necessary for access to the tribunal’s service.
- Consequently, it is reasonable to expect Miss Y to use her right to appeal to the Valuation Tribunal if she wishes to dispute her liability for council tax. Therefore, we will not investigate this complaint.
Final decision
- We will not investigate Miss Y’s complaint because it is reasonable to expect her to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman