Rotherham Metropolitan Borough Council (22 004 662)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 17 Jul 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision that the complainant does not qualify for the council tax single person discount. This is because the complainant can appeal to the Valuation Tribunal.
The complaint
- The complainant, whom I refer to as Mrs X, disagrees with the Council’s decision that she does not qualify for the council tax single person discount.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- The Valuation Tribunal deals with appeals against decisions on council tax liability. This includes appeals about entitlement to the single person discount.
How I considered this complaint
- I considered information provided by Mrs X. This includes her complaint and the Council’s response to her council tax appeal. I also considered our Assessment Code.
My assessment
- Mrs X applied for the council tax single person discount. The Council refused to award the discount because her son uses the address for claiming benefits, registering with a doctor and for his post. Mrs X appealed and said her son is homeless, does not live with her, and just uses the address for his mail.
- The Council reviewed the application but confirmed its decision that Mrs X does not qualify for the discount. The Council told Mrs X she had until 28 August 2022 to appeal to the Valuation Tribunal if she disagrees with the decision. The Council says it has not been notified that Mrs X has appealed to the tribunal.
Final decision
- We will not investigate Mrs X’s complaint because she can appeal to the Valuation Tribunal. It is reasonable to expect her to appeal because the tribunal is the appropriate body to determine disputes about entitlement to the single person discount. The tribunal can decide if Mrs X is entitled to the discount.
Investigator's decision on behalf of the Ombudsman