The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax support because there was a right of appeal to a Valuation Tribunal.
The complaint
Ms X complains that the Council will not backdate a claim for 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
Ms X was sent a Council tax bill for a property in March 2024 for a prior period. She did not claim Council tax support until August 2024. The Council refused to backdate her claim for Council tax support and she appealed to the Council. The Council refused her appeal and advised her of right of appeal to a Valuation Tribunal in October 2024.
The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not have been made in this case and so the complaint is out of jurisdiction.
Final decision
We will not investigate Ms X’s complaint because she had a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman