Oxford City Council (23 014 593)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 28 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a council tax discount. This is because the complainants can appeal to the Valuation Tribunal.
The complaint
- Dr X and Dr Y complain the Council has not granted a council tax discount. They also complain about the Council’s complaint handling.
The Ombudsman’s role and powers
- 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)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
- I considered information provided by the complainants.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In 2023, Dr X and Dr Y completed major works on their property, and it could not be lived in for a period. They complain the Council has not progressed their major works discount application.
- Appeals against not awarding a discount or exemption are to the Council and then the Valuation Tribunal. The tribunal is an independent expert body whose decisions are binding on the Council. It would be reasonable for Dr X and Dr Y to make an appeal.
- It is not good use of public resources to investigate complaints about complaints procedures if we are not investigating the substantive issue.
Final decision
- We will not investigate Dr X and Dr Y’s complaint because it is reasonable for them to make an appeal.
Investigator's decision on behalf of the Ombudsman