Summary: We will not investigate this complaint about a Council tax discretionary payment as there is a right of appeal to a Valuation Tribunal.

The complaint

1. Ms X complains that the Council has failed to provide a sufficient Council tax discretionary payment or explained the basis for the award.

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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.

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X requested a discretionary payment to reduce her Council tax bill due to her poor health.
7. The Council considered the request and awarded a £50 reduction in her bill.
8. Any dispute about a decision by the Council considering a discretionary award can be appealed to a 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.

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Final decision

9. We will not investigate Ms X’s complaint because she had a right of appeal to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman