London Borough of Southwark (23 008 144)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 26 Sep 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Council tax discount because he could appeal to a Valuation Tribunal.
The complaint
- Mr X complains that the Council has unreasonably asked for evidence about his status for a single occupancy discount.
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 has unreasonably asked him to provide evidence that his sister is not living with him as part of his claim for a single occupancy discount.
- The Council says that he had previously advised them that his sister would be moving into the property in April 2023 after he had moved out. The Council therefore considers their request to be reasonable to consider the claim.
- The Council’s decision not to award a discount (as it considers there is a lack of evidence) can now be appealed to a Valuation Tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
Investigator's decision on behalf of the Ombudsman