Summary: We will not investigate this complaint about Council tax support and the actions of bailiffs because there is a right of appeal to a Valuation Tribunal and there is no evidence of fault by the bailiffs.

The complaint

1. Mr X says that the Council has unreasonably refused his claim for Council tax support. He says that the bailiffs acted unreasonably when visiting his property.

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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.
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says that the Council has ignored his requests for Council tax discounts and exemptions. The Council says that it is awaiting further evidence from Mr X to support his claims. The Ombudsman cannot determine whether an entitlement to a discount or exemption should apply; only a Valuation Tribunal can do this.
8. Any dispute about liability, discounts or exemptions from Council tax are therefore a matter for the 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.
9. Mr X says that when a bailiff visited his property he could have upset his disabled, vulnerable son. He says that the bailiffs spoke to a neighbour about the debt.
10. The Council says that the bailiff put a notice through the door and did not speak to any other person on the visit.
11. Mr X accepts that is son was asleep at the time and was not upset by the visit. There is no evidence to support Mr X’s claim that the bailiff to spoke to the neighbour. I do not consider there is evidence of fault by the Council in the way the bailiffs acted.

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Final decision

12. We will not investigate Mr X’s complaint because there is no evidence of fault by the Council and Mr X could appeal to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman