Medway Council (23 018 181)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 05 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax because he had a right of appeal to a Valuation Tribunal.
The complaint
- Mr X says that the Council should have given him a discount or exemption for Council tax for the period his property was in poor repair.
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 X says that the property he let out had a gas leak and flood in the bathroom. He asked for a Council tax rebate for the period of repair but was refused.
- Any decision not to apply a discount or exemption from Council tax can be appealed to the Valuation Tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
Investigator's decision on behalf of the Ombudsman