Summary: We will not investigate this complaint about the Council’s assessment of Ms X’s council tax as there is no fault by the Council and there will be a right of appeal to a Valuation Tribunal in any dispute.

The complaint

1. Ms X complains about the Council’s assessment of her council tax.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. 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)
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X is concerned that the Council awarded an exemption for her council tax which does not appear to relate to her daughter’s situation.
8. The Council has given a full explanation for the exemption. She has a right of appeal to a Valuation Tribunal if she disagrees with the decision or any attempt to recover any overpaid council tax support.

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Final decision

9. We will not investigate Ms X’s complaint because there is no evidence of fault and there would be a right of appeal to a Valuation Tribunal in any dispute.

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Investigator's decision on behalf of the Ombudsman