Summary: We will not exercise discretion to investigate Ms X’s complaint that the Council did not apply a full council tax exemption and refund all the money she paid. This is because Ms X has the right to appeal against this decision to the Valuation Tribunal. We will not investigate the freedom of information request as this would be better dealt with by the Information Commissioner’s Office.

The complaint

1. Ms X complained the Council had not applied a council tax exemption to her historic account and refunded the full amount she had paid. Ms X also complained the Council had failed to respond to her freedom of information request. Ms X complained about the way the council handled her complaint.

Back to top

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 Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

Back to top

How I considered this complaint

4. I have considered the information from Ms X and the Council. Ms X has had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

5. Ms X lived at the property with her mother from 2007 until 2018. In 2007 the Council awarded 100% council tax benefit to Ms X’s mother. In 2015 Ms X contacted the Council to see if she was liable for any of the council tax. The Council said that she was and backdated a charge of 50% of the council tax to 2007. Ms X paid this when it was requested in 2015.
6. In May 2018 Ms X found out about carers council tax discount and sent the relevant form in November 2019. The Council considered this and applied a retrospective discount of 25% to Ms X’s mother’s council tax account. The Council awarded a refund of £3,506 in January 2020.
7. In June 2020 Ms X escalated her request for a full refunded which was treated as a stage 1 complaint by the Council. The Council provided an explanation of its calculations and an apology for the poor communication between departments.
8. In July 2020 Ms X escalated the complaint to stage 2 as she requested a 100% refund. Ms X also sent a freedom of information request for the information held by the Council.
9. In November 2020 the Council provided a stage 2 response which gave information on how to apply for a disabled band reduction and information on referring to us.

Back to top

Analysis

10. The restrictions outlined in paragraph 2 apply to both parts of this complaint. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. It is reasonable for Ms X to use her right to appeal to the Tribunal.
11. It is also reasonable to expect Ms X to refer the complaint for Freedom of Information to the Information Commissioner’s Office.
12. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

Back to top

Final decision

13. We will not exercise discretion to investigate this complaint. This is because it is reasonable to expect Ms X to appeal to the Valuation Tribunal.
14. It is also reasonable for Ms X to ask the Information Commissioner’s Office to investigate her complaint about the freedom of information request.
15. We will not investigate the handling of the complaint as we are not able to deal with the substantive issues.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman