Summary: We will not investigate this complaint about the Council’s refusal to provide a council tax discount for Mr X’s daughter. This is because Mr X can appeal to the Valuation Tribunal and there are no good reasons for why it is not reasonable for Mr X to use his right of appeal.

The complaint

1. Mr X complains about the Council’s decision to refuse a council tax exemption for his daughter. He says his daughter has a serious mental illness and should be exempt from council tax.

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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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

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

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My assessment

7. Mr X says the Council has refused to give his daughter a council tax discount even though she has a severe mental illness.
8. The Council has explained its reasons for why it has not agreed to a council tax discount on the basis his daughter has a severe mental illness.
9. Mr X can appeal the Council’s decision not to award his daughter a council tax discount. I can see no good reason for why it is not reasonable for Mr X to appeal to the Valuation Tribunal. Therefore, we will not investigate this complaint.

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Final decision

10. We will not investigate Mr X’s complaint because he can appeal to the Valuation Tribunal and there are no good reasons for why it is not reasonable for Mr X to use his right of appeal.

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Investigator's decision on behalf of the Ombudsman