Summary: Ms X complained the Council had failed to provide her joint tenant, Mr Y, with the right amount of council tax support. She said this had caused her stress and ill health. We will not investigate this complaint as it is reasonable to expect Mr Y to appeal to the Valuation Tribunal.

The complaint

1. Ms X complained the Council had not provided her joint tenant, Mr Y, with the right amount of council tax support. Ms X also complained the Council had sent her bills with different amounts which was confusing. Ms X said this had caused her account to be in arrears and had caused her stress and ill health.

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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.

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How I considered this complaint

4. I read the information provided by Ms X and the Council’s responses to her complaints. Ms X had an opportunity to comment on my draft decision.

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What I found

5. Ms X had a joint tenancy agreement with Mr Y. As joint tenants they were equally liable for the council tax due at the property.
6. Ms X complained to the Council in January 2021 that her council tax bill was wrong for the years 2019/20 and 2020/21. Ms X said the Council had not applied Mr Y’s council tax support to his full council tax liability.
7. The Council provided a response explaining that Mr Y got council tax support at 80% of his liability of the council tax.
8. Ms X appealed to stage 2 of the Council’s complaint procedure as she felt the calculations were wrong on her payments and Mr Y’s council tax support.
9. The Council provided a stage 2 response in which it accepted there had been some confusion in assigning Ms X’s payments to the correct year’s account. The Council did not uphold Ms X’s complaint about the amount of council tax she owed.
10. Ms X complained to us in February 2021 as she thought the amount of council tax support Mr Y was receiving was wrong.
11. Decisions about the amount of council tax discount a Council gives can be appealed to the Valuation Tribunal.

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Analysis

12. The restriction outlined in paragraph 2 applies here as Mr Y could appeal to the Valuation Tribunal about the amount of council tax support he gets. We have discretion to disapply this rule where there are good reasons. In this case I have decided not to exercise discretion because it is reasonable that Mr Y, as Ms X’s joint tenant, should apply to the Valuation Tribunal.

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Final decision

13. We will not investigate this complaint. This is because Mr Y can apply to the Valuation Tribunal and it is reasonable that he should do that. There are no good reasons to exercise discretion and investigate.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman