Salford City Council (23 006 533)
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 a Council tax discount because there was a right of appeal to Valuation Tribunal.
The complaint
- Mr X complains that the Council did not grant him a single occupancy discount to his Council tax as they considered he owned another 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 and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that the Council removed his Council tax discount incorrectly on the assumption he has a second home.
- The Council says that any dispute about Council tax discounts can be appealed to a Valuation Tribunal and he has been advised about this, but no appeal made.
- 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