The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of the complainant’s council tax account. This is because it was reasonable to expect the complainant to appeal to the Valuation Tribunal.
The complaint
Mr X complains about the Council’s failure to backdate his council tax support entitlement to April. He says it only backdated it to June 2022 leaving him to liable to pay full council tax of £543. He says the delay was through no fault of his own as he was liaising with HMRC to correct his tax code.
Mr X is on a very low income and has only £10 to spare each month.
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 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 banding.
How I considered this complaint
I considered information provided by the complainant which includes the Council’s responses. The response advises Mr X of his right to appeal to the Tribunal.
Final decision
I will not investigate as it was reasonable to expect Mr X to use his legal right of appeal to the Valuation Tribunal about the decision made on his liability for council tax.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman