Summary: Mr X disputes the Council’s decision to remove his single occupancy discount from his council tax. We will not investigate this complaint because he appealed to a Valuation Tribunal.

The complaint

1. Mr X disputes the Council’s decision to remove his single occupancy discount from his council tax.

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The Ombudsman’s role and powers

2. The law 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. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

5. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

6. Mr X, a landlord, claimed a single occupancy discount on his property in April 2018 (which was awarded). However, the Council removed the discount after Mr X telephoned the Council in August to say that the property was to be re-let after refurbishment. The Council considered that he had not been in residence in that property.
7. Any dispute about entitlement to a council tax reduction or exemption can be appealed to a Valuation Tribunal. The tribunal is an expert body and their decisions are binding on the Council. Mr X appealed to a Valuation Tribunal and so the matter is out of jurisdiction.

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Final decision

8. I do not intend to investigate this complaint because he appealed to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman