Derbyshire Dales District Council (23 004 329)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 17 Jul 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax premiums because he could appeal to a Valuation Tribunal or seek a review by the Valuation Office Agency.
The complaint
- Mr X complains that the Council have changed their discretionary Council tax discount policy so that he now has to pay extra Council tax premiums on his property.
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 has been renovating his property since 2019 and received, initially, a 100% discount, which was then followed by discretionary discounts to March 2023. Since then the Council has changed its discretionary policy so that discounts can only be applied where there is financial hardship involved.
- Mr X says that the Council delayed telling him that the policy had changed and that his payments had been frozen.
- The Council says that it is reviewing its discretionary policy so his payments were frozen to reflect that this may change.
- Nevertheless, the Council is entitled to determine its discretionary policy as it wishes. Any disagreement with the application of a Council tax premium can be appealed to a Valuation Tribunal. Mr X can also ask the Valuation Office Agency to remove his property from the Council tax list if it is derelict. I do not consider the delay by the Council in considering its discretionary powers in this case cause significant injustice as any payment would have to be budgeted for and, ultimately, paid.
Investigator's decision on behalf of the Ombudsman