London Borough of Harrow (24 013 958)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 10 Dec 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s decision regarding his application for council tax support. This is because it is reasonable to expect Mr X to ask the Council for a review.
The complaint
- Mr X complains about the Council’s decisions regarding his application for council tax support.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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 and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to us about the Council’s decision to stop offering him council tax support. I cannot investigate Mr X’s complaint because we have considered and decided on this matter under a separate case.
- I will not investigate Mr X’s complaint about the Council’s later decision, which it issued following a reassessment of his application for council tax support. This is because it is reasonable for Mr X to ask the Council for a review of its decision. And if Mr X is unhappy with the outcome of the review, it would be reasonable for him to appeal to the Valuation Tribunal.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable for him to ask the Council for a review of its decision and then appeal to the Valuation Tribunal if he remains unhappy.
Investigator's decision on behalf of the Ombudsman