Plymouth City Council (24 013 485)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 01 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr D’s complaint about the Council’s refusal of his request for a council tax reduction. This is because it is reasonable for Mr D to put in an appeal to the Valuation Tribunal.
The complaint
- Mr D complains the Council has refused his request for a council tax reduction. Mr D says he is entitled to this reduction because of his disability and his need for an extra bathroom.
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 Act 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 D.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr D may put in an appeal to the Valuation Tribunal against the Council’s decision on his request for a council tax reduction. It is the role of the tribunal to decide such matters and I find it is reasonable for Mr D to put in an appeal. So, we will not investigate this complaint.
Final decision
- We will not investigate Mr D’s complaint because it is reasonable for him to put in an appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman