Shropshire Council (23 015 504)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 15 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the Council’s handling of her council tax. She says the Council has charged her council tax even though her personal circumstances means she should be exempt from paying council tax. This is because it is outside the Ombudsman’s jurisdiction as it is reasonable for Miss X to use her right of appeal to the Valuations Tribunal.
The complaint
- Miss X complains about the Council’s handling of her council tax. She says the Council has charged her council tax even though her personal circumstances means she should be exempt from paying council tax.
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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X considers her personal circumstances means she should be exempt from paying council tax.
- Miss X has the right to appeal to the Valuations Tribunal if she believes she should be exempt from paying council tax. I am satisfied it is reasonable for Miss X to use her right of appeal.
- Therefore, the complaint is outside the Ombudsman’s jurisdiction.
Final decision
- We will not investigate Miss X’s complaint because it is outside the Ombudsman’s jurisdiction as it is reasonable for Miss X to use her right of appeal to the Valuations Tribunal.
Investigator's decision on behalf of the Ombudsman