Tandridge District Council (23 021 329)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 15 Apr 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about liability for Council tax and Council tax reduction because there is a right of appeal to a Valuation Tribunal.
The complaint
- Ms X complains that the alter her Council tax bill when her son left the property.
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
- Ms X says that she shares her house with her son and, when her son had previously left the property, her Council tax bill was halved. However, she says that the Council has not done this, despite her son leaving the property again.
- Any dispute about liability for Council tax or entitlement to a single person occupancy discount can be appealed to the 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 Ms X’s complaint because there is a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman