Summary: We will not investigate this complaint about how the Council dealt with the complainant’s council tax account. This is because it is unlikely an investigation would add to the Council’s response. The complainant also has the right to appeal to the valuation tribunal.

The complaint

1. Ms X has complained about how the Council dealt with her council tax account and her request for an unoccupied and unfurnished discount.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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.
5. 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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• here is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council says it did not refuse Ms X’s request for the unfurnished discount. However, it needed additional information to decide if the discount applied. It has since decided to award the discount from 1 January 2024. It says it is still considering Ms X’s request for an unfurnished discount between 6 December 2023 and 1 January 2024.
9. I consider it unlikely an investigation by the Ombudsman will add to this response or achieve any more for Ms X. If the Council refuses Ms X’s request for the council tax discount between December 2023 and January 2024 she will have the right to appeal to the valuation tribunal. The valuation tribunal is an independent body which can determine any dispute about such decisions. I see no good reason why Ms X could not appeal, and the Ombudsman will not usually investigate when someone has a right to appeal.

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Final decision

10. We will not investigate Ms X’s complaint because it is unlikely an investigation by the Ombudsman would add to the Council’s response. Ms X also has the right to appeal to the valuation tribunal.

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Investigator's decision on behalf of the Ombudsman