Hertsmere Borough Council (24 005 533)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 11 Aug 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax support because it has been appealed to Valuation Tribunal.
The complaint
- Mr X complains that the Council stopped his Council tax support.
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’s Council tax support was stopped in 2024 as the Council believed he may have capital in excess of the limit. They asked for further evidence in support of the claim. Mr X has now appealed the decision to the Valuation Tribunal. The tribunal is an independent body which can determine any dispute about such decisions.
- The Ombudsman cannot investigate a complaint where an appeal to a Valuation Tribunal has been exercised.
Final decision
- We will not investigate Mr X’s complaint because he has appealed to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman