Summary: We will not investigate this complaint that the Council has failed to properly apply a council tax discount to Mr X’s account as it is reasonable to expect him to appeal against the Council’s decision to the Valuation Tribunal.

The complaint

1. Mr X complains the Council has failed to award the correct discount to his council tax account to take account of the severe mental impairment of the person he lives with and whom he cares for.

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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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Valuation Tribunal (VT) is the independent body which deals with appeals about council tax. It can decide if Mr X is entitled to the discount; we cannot. It is therefore reasonable to expect Mr X to appeal to the VT against the Council’s decision and so we will not investigate.

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Final decision

6. We will not investigate Mr X’s complaint because he can appeal against the Council’s decision on his council tax to the VT.

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Investigator's decision on behalf of the Ombudsman