Summary: We will not investigate this complaint about the Council’s refusal to provide the complainant with a discretionary council tax discount. This is because the Council’s decision carries a right of appeal to an independent tribunal and it would be reasonable for the complainant to exercise that right.

The complaint

1. The complainant (Mrs F) complains about the Council’s handling of her applications for council tax discounts and reductions. Specifically, Mrs F alleges the Council told her that if it could not clear her council tax arrears through an amount of backdated council tax reduction then it would apply a discretionary council tax discount under Section 13A of the Local Government Finance Act 1992. She says the Council’s backdated council tax reduction and exceptional hardship payment failed to clear her arrears in full and that it subsequently refused to apply a Section 13A discretionary discount as it said it would.
2. In summary, Mrs F says the alledged fault has had a substantial and adverse impact on her mental and emotional health. As a desired outcome, she wants the Council to clear her outstanding arrears using a Section 13A discretionary discount. She also wants a single point of contact at the Council to assist her and for it to improve its communication with her.

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The Ombudsman’s role and powers

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 and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. The complaint is ultimately about whether the Council should apply a Section 13A discretionary discount. Mrs F says it has wrongly refused to do so. While I recognise the points made by Mrs F, disputes about whether someone is eligible for this type of discount carries a right of appeal to the Valuation Tribunal. The Council informed Mrs F about her right of appeal and there is no evidence to suggest it would be unreasonable for her to exercise this. In these circumstances, we have no jurisdiction to investigate this complaint.

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Final decision

6. We will not investigate this complaint. This is because the restriction I outline at paragraph three (above) applies.

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Investigator's decision on behalf of the Ombudsman