Wakefield City Council (24 000 236)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 07 May 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about entitlement to a Council tax discount because there is a right of appeal to a Valuation Tribunal.
The complaint
- Ms X says that she has had difficulty communicating with the Council about her entitlement to a single occupancy discount to her Council tax.
The Ombudsman’s role and powers
- 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)
- 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 complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says that the Council unfairly removed her single occupancy discount from her Council tax bill. She adds that the Council has not provided a paperless way to communicate with them.
- The Council removed her discount in February 2024 as they say she did not reply to their requests for evidence.
- I appreciate that Ms X has been frustrated by the contacts with the Council. However, any dispute about entitlement to a discount can be appealed to a Valuation Tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
- I note that the Council provides a means of communicating matters relating to Council tax on their website.
Final decision
- We will not investigate Ms X’s complaint because there is a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman