Stockton-on-Tees Borough Council (22 002 833)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 26 Jun 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to determine a council tax request as the matter has been remedied and there is a right of appeal to a tribunal.
The complaint
- Ms X complains that the Council failed to determine her request that they use their discretionary powers to award discretionary relief to her council tax account.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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 the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X asked the Council to use their discretionary powers to affect her liability for council tax arrears. The Council has confirmed that this request was considered and determined on 13 June 2022. Ms X now has a right of appeal to a tribunal if she remains unhappy.
- The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
Final decision
- We will not investigate Ms X’s complaint because the matter has been remedied and she has a right of appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman