Summary: We will not investigate this complaint about Mr X’s challenge to the Council’s decision on his council tax reduction claim. He has exercised his right of appeal against the Council’s calculation of his claim to the Valuation Tribunal. We cannot investigate complaints about a Council’s reduction scheme itself as this may only be challenged in the courts.

The complaint

1. Mr X complained about the Council’s administration of his council tax reduction award. He says it failed to disapply his injury payment from the Ministry of Defence. When it later reversed this decision, it failed to pay him the full reduction because its scheme is unfair and does not permit this.

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The Ombudsman’s role and powers

2. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
3. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint,

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

7. Mr X applied to the Council for council tax reduction in May 2021. The Council told him that it believed his guaranteed income protection payment from the MOD was income and it made his claim ineligible. The Council continued to demand full council tax payment from Mr X. He challenged the calculation of his claim and the Council said it required further information from him.
8. Mr X appealed to the Valuation Tribunal which is the body which deals with appeals about exemptions and reductions of council tax. In November, before the hearing, the Council says it reconsidered further information he submitted and decided that his payment should be disregarded. However, its scheme does not allow any applicant more than an 80% reduction and this was due.
9. Mr X asked the Valuation Tribunal to continue with the appeal hearing because he feels this calculation was unfair. He says that other authorities he is aware of do not apply this minimum reduction for circumstances like his.
10. The Tribunal dismissed his appeal because it decided that the Council had correctly followed the requirements of its reduction scheme once the payment was reconsidered. It told Mr X that it could not consider issues outside his complaint about the calculation of his claim.
11. We cannot investigate Mr X’s view that the reduction scheme is unfair. The provisions of the Local Government Finance Act 1992 (s.66(2)) require that any challenge to a council’s discretionary reduction scheme can only be made by way of judicial review in the High Court.

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Final decision

12. We will not investigate this complaint about Mr X’s challenge to the Council’s decision on his council tax reduction claim. He has exercised his right of appeal against the Council’s calculation of his claim to the Valuation Tribunal. We cannot investigate complaints about a Council’s reduction scheme itself as this may only be challenged in the courts.

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Investigator's decision on behalf of the Ombudsman