Summary: We will not investigate Mr B’s complaint about a council tax reduction decision. This is because it is reasonable for Mr B to appeal to the Valuation Tribunal.

The complaint

1. The complainant, who I will refer to as Mr B, complains the Council wrongly refused his request for a backdated council tax reduction to be applied to his late mother’s council tax account.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Act 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

Back to top

How I considered this complaint

5. I considered information provided by Mr B.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr B may put in an appeal to the Valuation Tribunal against the Council’s decision not to apply a backdated council tax reduction to his mother’s council tax account. I find it is reasonable for Mr B to use this right of appeal. The tribunal is in the best position to decide such matters and has the power to overturn the Council’s decision. It is not the role of the Ombudsman to provide an alternative right of appeal.

Back to top

Final decision

8. We will not investigate Mr B’s complaint because it is reasonable for him to appeal to the Valuation Tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman