Summary: We will not investigate this complaint about the Council’s decision that the complainant does not qualify for the council tax single person discount. This is because the Council will invite the complainant to appeal to the Valuation Tribunal.

The complaint

1. The complainant, Mrs X, disagrees with the Council’s decision not to award the council tax single person discount. Mrs X wants the Council to award the discount.

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The Ombudsman’s role and powers

2. 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 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)
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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. This includes appeals about discounts. The law says people should pay the council tax as billed pending an appeal to the tribunal.

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How I considered this complaint

5. I considered information provided by Mrs X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code.

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My assessment

6. Mrs X’s husband moved out temporarily to live in a second property that they own; he will move back when the other property has been sold.
7. Mrs X claimed the single person discount from the date Mr X went to live in the other property. The Council decided not to award the discount because Mr X’s move to the other property is temporary and the Council continues to regard the marital home as being his main residence. Mrs X disagrees with this decision.
8. Disputes about eligibility for council tax discounts are matters for the Valuation Tribunal to determine. The Council should have signposted Mrs X to the tribunal as part of its final response. The Council has confirmed it will now send Mrs X details of how to appeal.
9. I will not investigate this complaint because Mrs X can appeal to the Valuation Tribunal. It is reasonable to expect her to appeal because the tribunal is the appropriate body to determine eligibility for discounts. The tribunal is free to use and the panel members have the specialist knowledge to decide if Mrs X is eligible for the discount. If the tribunal decides she is eligible it will direct the Council to refund any council tax she has overpaid. It is not our role to decide if Mrs X is entitled to the discount.
10. The Council should have signposted Mrs X to the tribunal when it made its final decision about the discount. It has now provided an appropriate remedy by agreeing to send Mrs X information about how to appeal.

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Final decision

11. We will not investigate this complaint because the Council has provided an appropriate remedy by inviting Mrs X to appeal to the tribunal. In addition, it is reasonable to expect Mrs X to use those appeal rights.

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Investigator's decision on behalf of the Ombudsman