Summary: We will not investigate this complaint about the Council’s decision on a Council Tax discount because it is reasonable for Ms X to appeal to the Valuation Tribunal.

The complaint

1. Ms X complains the Council has not properly applied a single person discount on her Council Tax, it has failed to make reasonable adjustments and it has not dealt with her complaints properly.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council applied a single person discount from the date Ms X moved into her property in line with its policy.
8. Ms X told the Council the discount should apply sooner as her move was delayed due to her disability. The Council then offered to apply the discount from the earlier date, however Ms X refused this offer and then made a complaint. The Council has since told the Ombudsman it will again apply the discount from the earlier date.
9. I will not investigate the Council’s decision because it would have been reasonable for Ms X to appeal to the Valuation Tribunal. And, as the Council has since told the Ombudsman it will apply the discount from the date Ms X seeks, there is no worthwhile outcome achievable from an investigation.
10. Ms X is unhappy the Council sends her Council Tax notices in writing which she cannot access due to her disabilities.
11. However, the law requires the Council to send Council Tax notices in writing and, the Council has confirmed to the Ombudsman it will take calls from Ms X to address any queries she has. There is not enough evidence of fault to justify an investigation.
12. It is not a proportionate use of our resources to investigate how a Council has dealt with a complaint when we are not investigating the substantive matters.

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Final decision

13. We will not investigate Ms X’s complaint because she has a right to appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman