Summary: We will not investigate this complaint about a council tax discount. This is because there is reasonable to expect Miss X to use her right of appeal to the Valuation Tribunal.

The complaint

1. Miss X complained the Council delayed in applying a single person discount to her council tax account. Miss X stated the delay and uncertainty over her council tax bill has caused her pressure and stress. She would like the Council to recalculate her council tax bill, agree a payment plan, review whether she is entitled to benefit for council tax and provide compensation for their failings.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

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

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My assessment

8. Miss X stated the Council delayed in applying a single person discount to her council tax account. She stated that when she contacted the Council to discuss the discount, a Council Officer was rude to her on the phone.
9. In its complaint response, the Council stated that it had removed Miss X’s single person discount because she had told them that her adult daughter lived at the property. The Council stated that it applied a student discount to Miss X’s council tax account after it had received the required student exemption form for the period October 2020 to 2026. We would not be critical of the Council not applying the student discount until it had received the necessary evidence. There is not enough evidence of fault to justify our involvement.
10. In its complaint response, the Council accepted that the conduct of the Council Officer Miss X spoke to on the telephone was not acceptable, it apologised for this. This apology is appropriate and remedies any injustice caused to Miss X.
11. The Council stated that it removed Miss X’s single person discount from the date that her daughter turned 18 in 2019. The Council stated that it has not received evidence that Miss X’s daughter was a student between 2019 and October 2020.
12. Any dispute about liability, discounts or exemptions from council tax are a matter for the Valuation Tribunal. The Tribunal is the appropriate body to decide on whether Miss X is eligible for a discount or exemption. We will not exercise discretion to consider this part of the complaint because it is reasonable for Miss X to use her right to appeal to the Valuation Tribunal. 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.
13. Miss X said she wanted the Council to agree a repayment plan with her. The Council confirmed that Miss X currently has a payment plan in place.

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Final decision

14. We will not investigate Miss X’s complaint because it is reasonable to expect her to use her right to appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman