Isle of Wight Council (21 008 078)
Category : Benefits and tax > COVID-19
Decision : Closed after initial enquiries
Decision date : 22 Sep 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a council tax rebate. This is because it is reasonable for Mr X to appeal to the Valuation Tribunal.
The complaint
- Mr X complains the Council has refused to give him a reduction in his Council Tax bill when he was unable to use his property due to the COVID-19 pandemic. Mr X says the Council’s actions have caused him frustration and he wants money refunded to him.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (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.
- I considered the Ombudsman’s Assessment Code.
- The complainant has had an opportunity to comment on my draft decision. I have taken into account observations made before issuing this final decision.
My assessment
- Mr X has a right of appeal to the Valuation Tribunal about the Council’s decision not to give him a reduction in his Council Tax bill. It is reasonable to expect Mr X to appeal to the Tribunal if he is unhappy with the Council’s decision.
Final Decision
- We will not investigate this complaint. This is because Mr X can appeal to the Valuation Tribunal and it is reasonable in the circumstances of this case for him to do so.
Investigator's decision on behalf of the Ombudsman