Summary: We will not investigate this complaint about the Council’s decision to withdraw council tax reduction for Ms X. It was reasonable for her to appeal the Council’s decision to the Valuation Tribunal and she has now submitted an appeal.

The complaint

1. Ms X complained about the Council’s decision to withdraw council tax reduction which she has benefitted form for some years. She says the Council asked for unreasonable details of her income and business finances and it should re-instate her claim.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

5. I considered the information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X complained about the Council’s decision to withdraw her council tax support payments in 2023, backdated to 2020. It says that she has failed to respond to its requirements for details of finances related to businesses which she may be entitled to and which are required to be disclosed.
8. Ms X says she should not need to provide this evidence. The Council says that it will reconsider her application once she has satisfied its requirements for details of her finances.
9. We will not normally investigate complaints about matters which have a right of appeal to an independent tribunal. Complaints about discounts, reductions and exemptions carry a right of appeal to the Valuation Tribunal and Ms X has submitted an appeal to that body. The Tribunal will make a decision on the appeal which will be binding on both parties.

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Final decision

10. We will not investigate this complaint about the Council’s decision to withdraw council tax reduction for Ms X. It was reasonable for her to appeal the Council’s decision to the Valuation Tribunal and she has now submitted an appeal.

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Investigator's decision on behalf of the Ombudsman