London Borough of Wandsworth (22 016 136)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 22 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council not giving Miss X a discount on her council tax even though she is a carer for her mother. This is because it is out of the Ombudsman’s jurisdiction as Miss X’s mother has a right of appeal and it is reasonable for her to use this.
The complaint
- Miss X complains the Council will not give her a discount on her council tax even though she is a carer for her mother.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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 and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X lives with her mother, Mrs A, and is her carer. Mrs A is the owner of the property and so is the person liable for council tax payments.
- Mrs A receives full council tax reduction and so her council tax charge is £0. Miss X can claim a carers discount for looking after her mother. However, as Mrs A already receives full council tax reduction, no other discounts or exemptions can be provided on top. In any case, even if Miss X’s discount was applied, this would make no difference to their charge, as Mrs A’s council tax charge would still be £0.
- The Council has explained the above to Mrs A and told her of her right to appeal its decision to the Valuation Tribunal. It is reasonable for Mrs A to use her right of her appeal if she disagrees with the Council’s decision.
Final decision
- We will not investigate Miss X’s complaint because it is out of the Ombudsman’s jurisdiction. This is because Miss X’s mother has a right of appeal and it is reasonable for her to use this.
Investigator's decision on behalf of the Ombudsman