Brighton & Hove City Council (24 001 162)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 02 May 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision not to award Mr X a council tax exemption. This is because Mr X has right of appeal to the Valuation Tribunal and it would be reasonable for him to use it.
The complaint
- Mr X complained that the Council will not recognise his status as a care leaver and exempt him from paying council tax.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council that it should not charge him council tax as he is a care leaver.
- The Council did not uphold the complaint, stating that Mr X had not provided evidence to show he was a care leaver. The Council also said it had contacted children’s services and Mr X had not been found to have spent time in care.
- Mr X brought his complaint to the Ombudsman as he remains unhappy with the Council’s response.
- The Ombudsman will not usually investigate complaints where the complainant has right of appeal to a tribunal and it would be reasonable for them to use it. In this case, Mr X has right of appeal to the Valuation Tribunal if he disputes liability or believes he should be exempt from paying council tax. There is no reason Mr X should not be expected to use his right of appeal. It is therefore open to Mr X to refer the matter to Tribunal.
Final decision
- We will not investigate Mr X’s complaint because he has right of appeal to the Valuation Tribunal and it would be reasonable for him to use it.
Investigator's decision on behalf of the Ombudsman