Stroud District Council (20 008 415)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 01 Dec 2020
The Ombudsman's final decision:
Summary: The Valuation Tribunal is the appropriate body to decide Mrs X’s dispute about her council tax liability. We will not therefore investigate.
The complaint
- Mrs X complains about the Council’s decision not to award her a council tax discount.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered what Mrs X said in her complaint and sent her my draft decision on it for her comments. I have considered the comments Mrs X made in response.
What I found
- Mrs X complains about the Council’s decision not to award her a council tax discount. Mrs X says she lives with another adult who is not liable to pay council tax so the discount should be awarded.
- The Valuation Tribunal (VT) is the independent body which settles disputes on appeal about council tax liability.
Analysis
- We cannot determine whether Mrs X is entitled to a discount on her council tax. This is a matter for the VT which hears such disputes. It is reasonable to expect Mrs X to make an appeal to the VT and so we will not investigate.
Final decision
- My decision is that we will not investigate this complaint. It is reasonable to expect Mrs X to appeal to the VT and the complaint is therefore outside our legal remit.
Investigator's decision on behalf of the Ombudsman