London Borough of Lambeth (24 001 821)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 19 Aug 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s decision on a council tax support application. It is reasonable for Mr X to appeal to the Valuation Tribunal which is the body appointed to consider challenges to council tax decisions.

The complaint

  1. Mr X complained about the Council rejecting his application for council tax support and employing enforcement agents to recover arrears following the granting of a liability order.

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The Ombudsman’s role and powers

  1. 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)
  2. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

  1. I considered the information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X applied for council tax support in 2023 following his failure to pay instalments of council tax in that year. He asked the Council to backdate the claim to March 2023. The Council rejected his claim and in 2024 took the matter to the court and obtained a liability order, passing the case to enforcement agents.
  2. Mr X made a complaint to the Council because he said he had not been given an opportunity to attend the court hearing to defend his case. The Council accepted his complaint and withdrew the recovery action. It told him that it was reviewing his application for council tax support.
  3. In August 2024 the Council informed Mr X that his claim had been rejected and that he should appeal to the Valuation Tribunal within a month if he wished to challenge the decision.
  4. The Valuation Tribunal is the body which deals with appeals against council tax decisions including council tax support. It is reasonable for Mr X to pursue an appeal.

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Final decision

  1. We will not investigate this complaint about the Council’s decision on a council tax support application. It is reasonable for Mr X to appeal to the Valuation Tribunal which is the body appointed to consider challenges to council tax decisions.

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Investigator's decision on behalf of the Ombudsman

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