Summary: We will not investigate this complaint that the Council has made an incorrect decision on Ms X’s council tax liability as Ms X can appeal to the Valuation Tribunal about this.

The complaint

1. Ms X complains the Council has failed to properly apply a single person discount to her council tax account and wants this to be rectified. Ms X also complains the Council failed to respond to letters she sent to it about her account and the complaint she subsequently made to it about this.

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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 about the same matter. 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 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 any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

6. We will not investigate because we are not able to achieve the outcome Ms X seeks. The body which can do this is the Valuation Tribunal (VT) as it hears appeals about disputed council tax liability. The Council has advised Ms X of this and it is reasonable to expect her to appeal to the VT.
7. I recognise that Ms X remains dissatisfied as she says the Council failed to respond to her letters and complaint. However, I do not consider Ms X is caused a level of injustice from this to a degree that would warrant our further involvement. We will not therefore investigate this as a stand-alone matter.

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Final decision

8. We will not investigate Ms X’s complaint because it is reasonable to expect her to appeal to the VT against the Council’s decision on her council tax liability and the injustice caused to her by the Council’s handling of this matter is not sufficient to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman