Summary: We will not investigate this complaint about the Council’s failure to notify Miss X before removing her single person discount and starting recovery action regarding an outstanding balance on her council tax account. This is because it would be reasonable for Miss X to refer her complaint to the Valuation Tribunal.

The complaint

1. Miss X complained the Council failed to notify her before removing her single person discount and obtaining a liability order for recovery of the outstanding balance on her council tax account.

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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 Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X complained to the Council because she disputed the council tax charges it was holding her responsible for. She said the Council failed to contact her before removing her single person discount and she was also unhappy the Council had started recovery action against her without informing her of the outstanding balance first.
7. The Council told Miss X it sent a single person’s discount review form to her and several reminders regarding the outstanding council tax but obtained a liability order when Miss X did not respond.
8. Miss X remains unhappy with the situation and wants us to find the Council at fault. The Ombudsman will not usually exercise discretion to investigation complaints where another body is better placed to deal with it or the complainant as an unused right of appeal. In this case, Miss X believes she should be entitled to a single person discount, and she disputes liability for the outstanding balance the Council is holding her responsible for. The Valuation Tribunal was set up to review complaints regarding council tax discounts and entitlements, as well as council tax liability. It would therefore be reasonable for Miss X to refer this matter to the Valuation Tribunal.

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Final decision

9. We will not investigate Miss X’s complaint because it would be reasonable for Miss X to refer her complaint to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman