Summary: We will not investigate this complaint about a council tax charge as Mr X can ask the Council to apply a discretionary discount to the account and can appeal to the Valuation Tribunal against any refusal decision.

The complaint

1. Mr X complained about a council tax charge the Council imposed on a family member, Miss Y, when she moved home. Miss Y was unable to move into her new home due to problems with care provision. Mr X wants the Council to cancel the Council tax charge which arose because of this.

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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 decide it would be reasonable for the person to ask for a council review or appeal (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. In its complaint responses to Mr X, the Council advised there was no automatic exemption that could be applied in the circumstances of Miss Y’s case but explained it did have discretionary powers to apply a discount. The Council gave Mr X details of its relevant policy which included details of how to apply.
7. We will not investigate as it is appropriate for Mr X to have applied for a discretionary reduction. If his application had been refused, then he had the right to appeal that decision to the Valuation Tribunal, which is the independent body that can decide appeals about council tax liability. We are unable to ask a council to cancel council tax charges and cannot hear council tax appeals.
8. For these reasons, we will not investigate.

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Final decision

9. We will not investigate Mr X’s complaint because he could have asked the Council to apply its discretion to cancel the charge and could have appealed to the VT against any refusal.

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Investigator's decision on behalf of the Ombudsman