Summary: We will not investigate this complaint about the Council’s use of discretion to write off a debt as the matter was appealed to a Valuation Tribunal and remedied by the Council.

The complaint

1. Ms X complains that the Council failed to immediately use its discretionary powers to write off a Council tax debt which forced her to appeal to the Valuation Tribunal and the Council.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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. Ms X says that he asked the Council to write off an overpayment of Council tax following a bereavement. The Council initially refused to exercise its discretion to do this and so she appealed to a Valuation Tribunal.
7. The Council then wrote off the debt following their complaints procedure.
8. The Ombudsman cannot investigate a complaint where the matter has been appealed to a Valuation Tribunal. Notwithstanding this, the Council has properly remedied the complaint by writing off the debt.

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Final decision

9. We will not investigate Ms X’s complaint because she appealed to a Valuation Tribunal and the matter has been remedied.

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Investigator's decision on behalf of the Ombudsman