The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax support because the matter was appealed to a Valuation Tribunal and is out of time.
The complaint
Mr X complains that the Council failed to explain why his Council tax support was changed.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (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.
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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 the Council reduced his Council tax support in 2023 then reviewed and amended it in 2024. He appealed to a Valuation Tribunal and his appeal was dismissed.
Mr X says that the Council has not properly explained the basis of their decisions. The Council says that a detailed explanation has been provided. Nevertheless, the Ombudsman cannot investigate a matter which has been appealed to a Valuation Tribunal. Further, the original decisions are out of time and I see no reason to exercise a discretion to pursue these matters now given the right of appeal.
Final decision
We will not investigate Mr X’s complaint because he appealed to a Valuation Tribunal and the matter is out of time.
Investigator's decision on behalf of the Ombudsman