Summary: We will not investigate Ms X’s complaint about how the Council considered her applications for council tax support. This is because it is reasonable to expect Ms X to use her right of appeal to the Valuation Tribunal.

The complaint

1. Ms X complained the Council did not process her applications for council tax support for the period 2019 to 2022. She said this has had a negative impact on her mental health. She would like the Council to review her situation and write off her council tax arrears.

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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 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X complained the Council had not processed her applications for council tax support properly for the periods 2019 to 2022.
8. In response to our enquiries, the Council said Ms X had applied for council tax support in 2019 and 2022, but these applications were unsuccessful. The Council provided copies of correspondence it sent to Ms X in 2019 and 2022 to inform her how she could appeal the decisions.
9. Any dispute about liability, discounts or exemptions from council tax are a matter for the Valuation Tribunal. The Tribunal is the appropriate body to decide on whether Ms X is eligible for council tax support. We will not exercise discretion to consider this complaint because it is reasonable for Ms X to use her right to appeal to the Valuation Tribunal.

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Final decision

10. We will not investigate Ms X’s complaint because it is reasonable to expect her to use her right to appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman