The Ombudsman's final decision
Summary: We will not investigate this complaint about Council Tax support. This is because it is reasonable to expect Mr B to use his right to appeal to the Valuation Tribunal.
The complaint
Mr B complained that the Council did not backdate a Council Tax reduction.
Mr B wants the Council to reassess his application for support and reduce the backdated balance.
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 B requested the Council to reconsider its decision to not backdate his Council Tax reduction.
The Council told Mr B that if he disagreed with the decision, he has a right to appeal.
It is reasonable to expect Mr B to use his right to appeal to the Valuation Tribunal. Mr B was made aware of his right to appeal in the letter from the Council. It is fairly straightforward to appeal and the tribunal has expertise to decide the matter.
Final decision
We will not investigate Mr B’s complaint because he has a right to appeal to the Valuation Tribunal, and it is reasonable to expect him to use it.
Investigator's decision on behalf of the Ombudsman