Summary: We will not investigate this complaint about council tax charges as we cannot achieve the outcome the complainant seeks.

The complaint

1. Miss X complained about the level of council tax being charged on her property which is undergoing major renovations. Miss X says this has caused stress and anxiety and has impacted on her financially. Miss X wants the Council to reduce the level of council tax she has to pay.

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The Ombudsman’s role and powers

2. 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 cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)

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How I considered this complaint

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

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My assessment

6. Miss X says her property remains uninhabitable due to the renovations she is carrying out there. Miss X says renovations have been delayed due to having to wait for planning approval and bad weather. Miss X wants the Council to extend the discount it has previously applied to her council tax account due to the renovations.
7. If Miss X considers the Council has failed to apply a further discount to her account that she is entitled to, then she can appeal to the Valuation Tribunal (VT), the independent body that determines such matters. This is the procedure provided in law and so it is reasonable to expect Miss X to make such an appeal.
8. We cannot ask the Council to reduce the amount Miss X has to pay but she can herself ask the Council to consider its discretionary powers to reduce the amount she pays, under the Local Government Finance Act 1992. If Miss X is unhappy with the Council’s decision, the way to challenge it would, again, be via an appeal to the VT.
9. For these reasons, we will not investigate.

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Final decision

10. We will not investigate Miss X’s complaint because we cannot achieve the outcome she seeks.

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Investigator's decision on behalf of the Ombudsman