Stockton-on-Tees Borough Council (23 006 069)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 11 Sep 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about council tax and discretionary discounts because Miss Y has already appealed to the Valuation Tribunal.
The complaint
- Miss Y complained the Council wrongly included her Personal Independent Payments (PIP) in its assessment for a hardship fund to pay her council tax. She says she was discriminated against for disability needs as part of the consideration process for the hardship fund.
- Miss Y says this is causing her significant hardship and she has had to pay her council tax on a credit card, which she cannot afford.
The Ombudsman’s role and powers
- We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (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 Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
- Miss Y complained to the Council in May 2023. She was unhappy with the Council’s inclusion of her PIP and request for receipts for medical supplies in its consideration of her application for a discretionary discount for her council tax. Miss Y has appealed to the Valuation Tribunal to consider her council tax payments. As she has approached the Valuation Tribunal about the matter, by law we cannot investigate her complaint.
Final decision
- We will not investigate Miss Y’s complaint because she has already appealed to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman