City of Doncaster Council (22 018 221)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 08 May 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax payments because there is a right of appeal to a tribunal for the original error and no subsequent evidence of fault by the Council.
The complaint
- Mr X says that the Council made an error with his Council tax support which meant that he was faced with an increased Council tax bill.
The Ombudsman’s role and powers
- 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 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
- Mr X says that the Council erred in assessing his previous entitlement to Council tax support. This meant the had been overpaid and he was now faced with a higher Council tax bill.
- Mr X can ask the Council to waive recovery of the overpaid Council tax support and then appeal any decision not to do so to a Valuation Tribunal. 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.
- Mr X made an agreement with the Council in December 2022 to pay three instalments of 150 pounds by March 2023. Mr X made two payments in March. The Council has added the increased debt to the current year.
- I am satisfied that the error made by the Council could be appealed to an independent tribunal and so the Ombudsman would investigate this part of the complaint. The Council’s subsequent actions show no evidence of fault and so the Ombudsman would not investigate this part of the complaint.
Investigator's decision on behalf of the Ombudsman