Bristol City Council (23 014 613)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 29 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a council tax discount. This is because Miss X can appeal to the Valuation Tribunal.
The complaint
- Miss X complains the Council has applied her council tax discount incorrectly. She also complains the Council said she was liable for full council tax costs when she was a student.
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 Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In 2021, Miss X applied for a reduction in council tax due to disability. The Council requested information from Miss X which she did not provide. It closed her application.
- In 2022, Miss X applied for a student council tax discount. The Council decided she did not meet the criteria and did not grant the application. Miss X sought a review as part of her complaint in 2023.
- In 2023, Miss X applied again for a reduction in council tax due to disability. The Council granted this. Miss X says the Council has since stopped her discount. She is also unhappy the Council did not backdate the discount to 2021.
- Appeals against not awarding a discount or exemption are to the Council and then the Valuation Tribunal. The tribunal is an independent expert body whose decisions are binding on the Council. It would be reasonable for Miss X to make an appeal.
Final decision
- We will not investigate Miss X’s complaint because Miss X can appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman