Summary: We will not investigate this complaint about the Council’s decisions about Mr X’s council tax reduction. Mr X used his right of appeal to the Valuation Tribunal.

The complaint

1. Mr X complained about the Council’s decisions on his eligibility for council tax reduction between April 2020 and April 2022. He says the issue has increased his debt and caused him distress, and he has gone to time and trouble to resolve the matter. He wants the Council to consider his appeal and write the debt off.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)
3. The law says we cannot normally investigate a complaint when someone can appeal 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 appeal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Councils’ decision to grant or refuse a discretionary discount is appealable to the Valuation Tribunal. Where someone has already used their right of appeal, we are prevented entirely from investigating the matter. Mr X has used his right of appeal in relation to some of the periods he complains about.
7. For any outstanding disputes, Mr X has the right to appeal to the Valuation Tribunal and it is reasonable to expect him to use that right of appeal. We cannot decide whether someone is entitled to council tax reduction in the way the tribunal can.

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Final decision

8. We will not investigate Mr X’s complaint because he has used his right of appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman