East Lindsey District Council (21 014 313)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 31 Jan 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s revision of Ms X’s council tax bills. This is because Ms X has appeal rights to the Valuation Tribunal which we would reasonably expect her to use.
The complaint
- The complainant, who I refer to as Ms X, complains about additional council tax charges she has had to pay following the Council’s revision of her bills and its consideration of changes in income.
The Ombudsman’s role and powers
- 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 liability and council tax support or reduction.
How I considered this complaint
- I considered information provided by Ms X’s representative and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The restriction highlighted at paragraph 2 applies to Ms X’s complaint because if she wants to challenge the Council’s decisions on her council tax charges she can appeal to the Valuation Tribunal. As she has this alternative remedy available which we would reasonably expect her to use, the complaint falls outside our jurisdiction and will not be investigated.
Final decision
- We will not investigate Ms X’s complaint because Ms X has appeal rights to the Valuation Tribunal which we would reasonably expect her to use.
Investigator's decision on behalf of the Ombudsman