Summary: We will not investigate this complaint about Council tax reduction or exemption as any dispute can be appealed to a Valuation Tribunal.

The complaint

1. Mr X says that the Council has delayed dealing with his Council tax reduction claim by seeking evidence he had previously sent to the Council.

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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.

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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. Mr X has two children who are currently studying away from home. The Council asked for evidence that they no longer lived in the property for Council tax purposes. Mr X supplied that evidence but the Council said they had not received it.
7. Any decision to award a Council tax reduction or student exemption 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.
8. Any injustice caused by delay in reaching that decision is speculative as it will depend upon the Valuation Tribunal’s decision on appeal.

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Final decision

9. We will not investigate Mr X’s complaint because he could appeal to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman