Summary: We will not investigate this complaint about council tax reduction. The Valuation Tribunal considers appeals against decisions not to award disabled council tax reduction.

The complaint

1. Mr X complained the Council failed to reduce his council tax due to his and his wife’s disabilities. He says they have been put to financial detriment and he wants the Council to accept them as eligible for disabled council tax reduction and refund their overpayment.

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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)

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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. Mr X’s complaint is about the Council’s refusal to award disabled council tax reduction to him and his wife, who he says are both disabled.
6. The Valuation Tribunal is an independent tribunal whose decisions are binding on the Council. We cannot compel a council to award a council tax reduction, and it is reasonable in this case for Mr X to appeal to the tribunal as it is best placed to consider the matter.

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Final decision

7. We will not investigate Mr X’s complaint because the Valuation Tribunal is best placed to consider appeals about council tax reduction.

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Investigator's decision on behalf of the Ombudsman