Castle Point Borough Council (23 013 732)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 02 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax reductions as there is a right of appeal to a Valuation Tribunal.
The complaint
- Mr X complains that the Council has not awarded him Council tax reductions for his disability.
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 is disabled and receives a personal independence payment but receives no Council tax reduction.
- Any dispute about entitlement to a Council tax reduction can 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