Summary: We will not investigate this complaint about the Council’s decision not to award a council tax discount to Mr X as he can appeal against this decision to the Valuation Tribunal.

The complaint

1. Mr X complains the Council has refused to apply a disabled band reduction to his council tax account even though one of the rooms at his home is used as a therapy room for his disabled child. Mr X wants the council to apply the discount.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The Council has given Mr X details of the Valuation Tribunal (VT). The VT is the independent government agency which hears appeals about council tax decisions. It can decide if Mr X is eligible for the discount. We are not an appeal body and are not empowered to resolve council tax disputes.
7. It is reasonable to expect Mr X to make an appeal to the VT and therefore as per paragraph three we will not investigate.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because he can appeal against the Council's decision to the VT and it is reasonable to expect him to do so.

Back to top

Investigator's decision on behalf of the Ombudsman