Summary: We will not investigate this complaint about a Council tax discount and reduction because there is a right of appeal to a Valuation Tribunal.

The complaint

1. Mr X complains that the Council has unreasonably refused his application for a Council tax single occupational discount and wrongly assessed his Council tax reduction..

Back to top

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.

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X says that he requested a single occupational discount from his Council tax as he argued his wife should be disregarded for Council tax purposes. He also sought a Council tax reduction based upon changes to his wages. The Council refused both.
7. Mr X has a right of appeal to a Valuation Tribunal for both the Council tax reduction and the discount.
8. 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.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because he has a right of appeal to a Valuation Tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman