Cumberland Council (24 020 772)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 12 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax liability and discounts because there was a right of appeal to a Valuation Tribunal.
The complaint
- Mr X disputes his liability for Council tax and his entitlement to Council tax discount.
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
- Mr X says that he sold his house in January 2024 and received a Council tax bill which he disputes. He says that he should have received a single occupancy discount and Council tax support based upon his income.
- The Ombudsman cannot determine whether an entitlement to a discount or exemption should apply; only a Valuation Tribunal can do this. This also applies to any decision about a claim for Council tax support.
- Any dispute about liability, discounts or exemptions from Council tax are therefore a matter for the Valuation Tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
Final decision
- We will not investigate Mr X’s complaint because he could appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman