Summary: We will not investigate this complaint that the Council has not accepted a man’s application to be disregarded for council tax discount purposes. This because the man will have a right of appeal to the Valuation Tribunal if he disagrees with the Council’s decision about this matter.

The Ombudsman’s role and powers

2. The law says we normally cannot 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 is a tribunal that deals with appeals against councils’ decisions about council tax liability, discounts, and exemptions.

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How I considered this complaint

4. I considered the information Mr B provided with his complaint. I also took account of information from the Council about its response to Mr B’s application. In addition I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr B applied to the Council asking to be treated as a disregarded person for council tax discount purposes on the basis of his serious health condition. The Council said it had replied to Mr B asking for clarification on the discount he wished to apply for, but it had not yet received a response.
6. In the circumstances it appears the onus is currently on Mr B to provide more information to the Council to enable it to decide his case. But once that decision is made, Mr B will have a right of appeal to the Valuation Tribunal if he disagrees with the determination. Mr B will also be able to appeal to the Valuation Tribunal if the Council fails to respond to his application within two months.
7. As indicated in paragraph 2, the law says that usually we cannot pursue a complaint where the person has a right of appeal to a statutory tribunal which they can use.
8. In addition, the Valuation Tribunal is an independent appeal body which provides a free service. The Tribunal is also specifically empowered to make rulings in disputes about council tax discounts or exemptions, whereas we do not have the remit or expertise to decide these matters.
9. In the circumstances I see no reason why Mr B should not be expected to go to appeal in his case, if this proves necessary. As a result, I have decided we will not investigate his complaint.

Final decision

10. We will not investigate Mr B’s complaint about the Council’s failure so far to accept his application to be counted as a disregarded person for the purposes of a council tax discount. This is because Mr B will ultimately have a right of appeal to the Valuation Tribunal which he can use if the Council rules against him.

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Investigator's decision on behalf of the Ombudsman