Bedford Borough Council (23 016 678)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 27 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Council tax discount because there is a right of appeal to a Valuation Tribunal.
The complaint
- Mr X says that the Council has decided he was not entitled to a single occupancy discount and is seeking to recover the discount previously allowed.
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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that he has lived alone since 2017. He says that, despite this, the Council claims he lives with a relative and has removed his single occupancy discount.
- Any decision to add or remove a Council tax discount 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.
Final decision
- We will not investigate Mr X’s complaint because he can appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman