Herefordshire Council (23 014 412)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 30 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about removal of a Council tax discount because the dispute could be appealed to a Valuation Tribunal.
The complaint
- Mr X complains that his Council tax reduction discount was removed unfairly and without proper explanation.
The Ombudsman’s role and powers
- 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)
- 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 moved from property A to Property B in July 2022 and notified the Council. The Council removed the single occupancy discount for property A from that date. Property A continued as an empty property for which there are no discounts or exemptions.
- Mr X was then sent a bill for the arrears due to the removal of the discount.
- If Mr X disputes the liability or removal of the discount he can appeal 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.
- I am satisfied that the Council’s response to his complaint provides a clear explanation for the bill and the Council’s reasons.
Investigator's decision on behalf of the Ombudsman