Summary: We will not investigate Mrs X’s complaint about her claim for council tax reduction. This is because there is an appeal right to the Valuation Tribunal and it is reasonable to expect Mrs X to use it.

The complaint

1. Mrs X complains that the Council granted her a 25% single person council tax discount.
2. She said the 25% discount is incorrect because she is entitled to a full discount.

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The Ombudsman’s role and powers

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

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How I considered this complaint

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

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My assessment

8. Mrs X applied for a council tax discount and was granted a single person’s discount. She complains that she is entitled to a full discount because her husband receives disability benefits.
9. We will not investigate her complaint because any disputes about council tax reductions (including entitlement to, and the amount of, reduction) can be appealed to the Valuation Tribunal.
10. The tribunal is an independent body which can determine any dispute about such decisions. It is reasonable to expect Mrs X to use her appeal rights.

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Final decision

11. We will not investigate Mrs X’s complaint because she can appeal to the Valuation Tribunal and it is reasonable to expect her to do so.

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Investigator's decision on behalf of the Ombudsman