Cherwell District Council (22 011 738)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 14 Dec 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a council tax refund because the problem has been resolved. If the complainant remains dissatisfied, he can appeal to the Valuation Tribunal.
The complaint
- The complainant, whom I refer to as Mr X, wants the Council to update his council tax to include the single person discount and issue a refund.
The Ombudsman’s role and powers
- The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if the problem has been resolved. (Local Government Act 1974, section 24A(6))
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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. This includes appeals about council tax discounts and exemptions.
How I considered this complaint
- I considered information provided by Mr X and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
- Mr X asked the Council to award the single person council tax discount and make a refund. He recently supplied evidence to the Council supporting his request for the discount.
- The Council wrote to Mr X yesterday to say it had reviewed the evidence and awarded the discount. It said it would issue revised bills and make a refund of £354. The Council signposted Mr X to the Valuation Tribunal if was dissatisfied with the outcome.
- I will not investigate this complaint because the problem has been resolved. If Mr X remains dissatisfied he can appeal to the Valuation Tribunal. It is reasonable to expect Mr X to appeal because the tribunal is the appropriate body to consider disputes about council tax discounts.
Final decision
- We will not investigate this complaint because the problem has been resolved and Mr X can use his appeal rights if he remains dissatisfied.
Investigator's decision on behalf of the Ombudsman