Slough Borough Council (23 002 108)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 04 Jun 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a dispute over entitlement to a discount because there is a right of appeal to Valuation Tribunal.
The complaint
- Mr X says that he should be entitled to a discount on his Council tax.
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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that he should receive a single occupancy discount on his property when his property was vacant. The Council says he is not entitled. Any dispute about entitlement to a Council tax discount can be appealed 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.
Investigator's decision on behalf of the Ombudsman