Summary: We will not investigate this complaint about the Council’s refusal to apply a single person discount to Mr X’s council tax bill. It is open to Mr X to appeal to the Valuation Tribunal. The tribunal is better placed to consider council tax appeals.

The complaint

1. Mr X complained the Council failed to accept he made a genuine mistake when completing a council tax form. He says this has worsened his mental health. He wants the Council to accept that he did not explain his circumstances accurately.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X applied for a single person discount on his council tax bill. He submitted evidence to the Council. The Council considered the information he provided and sought clarification from him about some matters. The Council decided Mr X was not living in the property the application related to, and it refused his application.
6. Mr X says he wants the Council to accept that he explained his circumstances inaccurately. The Council responded to Mr X’s concerns via its complaints procedure, rather than its council tax appeals process, so it signposted Mr X to the Ombudsman rather than the Valuation Tribunal. If we were to investigate this complaint, it is likely we would find fault in this respect. However, it is not proportionate for us to investigate the Council’s complaint-handling when the substantive part of Mr X’s complaint is best dealt with by another body.
7. We are not an appeal body and ultimately, Mr X is seeking a change in the Council’s decision. We cannot achieve this in the absence of fault in the process the Council followed in coming to its decision. The Valuation Tribunal is best placed to consider the matter. Should Mr X encounter problems due to the time that has lapsed, he should provide evidence to the tribunal of having been signposted to the Ombudsman instead of the tribunal.
8. It is open to Mr X to complain to us again should the Valuation Tribunal decide his appeal is now too late, as we may in that case decide to use our discretion to investigate the matter.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because the Valuation Tribunal is best placed to consider the matter, as the body that deals with council tax appeals.

Back to top

Investigator's decision on behalf of the Ombudsman