Summary: The Ombudsman will not investigate this complaint about how much Council Tax Reduction the complainant should receive from the Council. There is a right of appeal to the Valuation Tribunal against any decision on Council Tax Reduction entitlement.

The complaint

1. The complainant, who I refer to here as Mr C, has complained about how much Council Tax Reduction (CTR) the Council has awarded him.

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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. It 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)
3. Where someone has already appealed to a tribunal, we cannot investigate and have no discretion in this. The courts have decided this restriction applies even if the appeal could provide a remedy for all the claimed injustice.

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How I considered this complaint

4. I have considered what Mr C said in his complaint and background information provided by the Council. Mr C commented on a draft before I made this decision.

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What I found

5. The Council awards CTR in accordance with a published scheme. CTR reduces how much council tax someone must pay based on their circumstances.
6. The Valuation Tribunal deals with appeals against decisions on CTR.
7. The Council’s letters saying how much CTR someone has been awarded explain there is a right of appeal to the Valuation Tribunal.
8. Mr C has previously appealed to the Valuation Tribunal against how much CTR the Council has awarded him.

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Final decision

9. I have decided we will not investigate this complaint. This is because it is reasonable for Mr C to appeal against any decision on his entitlement to CTR, if he has not already done so.

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Investigator's decision on behalf of the Ombudsman