Summary: We will not investigate Miss X’s complaint about whether she should have a 25% Council Tax discount. It is reasonable to expect her to appeal to the Valuation Tribunal.

The complaint

1. Miss X says the Council should not have removed a 25% student discount from her Council Tax bill.

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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)

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How I considered this complaint

3. I considered information provided by Miss X which included the Council’s reply to her.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says the Council has told her it decided to remove a 25% student discount for her son for four years of Council Tax. She says this is wrong.
6. Regulations define a student. The discount or exemption lasts until the course ends (vacations count as part of the course), or until the student leaves. The sole or main residence rules determine where a student lives.
7. Miss X had a right of appeal to the Council, and then to the Valuation Tribunal Service, for whether the Council should have applied a discount, including whether her son should be considered a student. It is reasonable to expect Miss X to use or have used that right of appeal.

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Final decision

8. We will not investigate Miss X’s complaint because it is reasonable to expect her to, or to have, appealed to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman