Medway Council (25 012 954)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Council tax discount because there was a right of appeal to a Valuation Tribunal and part of the complaint was remedied.
The complaint
- Ms X complains that the Council delayed responding to her query about a single occupancy discount for Council tax.
The Ombudsman’s role and powers
- 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)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X left her property on 25 April 2025 but the property remained empty until 26 May.
- The Council awarded a single occupancy discount until 25 April but no discount was awarded for the later period. Any dispute about the discount could 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.
- Ms X says that the Council was slow responding to her queries about this and refunded her landlord in error. The Council says that she had a conversation with a Council officer about this on 7 July where the dates were clarified and a revised bill then issued.
- The Council apologised for any delays in altering the Council tax records. I am satisfied that the Council’s apology is sufficient to remedy any fault in communication. Any dispute about payment of Council tax between the landlord and tenant is a private matter and not for the Ombudsman.
Final decision
- We will not investigate Ms X’s complaint because there was a right of appeal to a Valuation Tribunal and part of the complaint was remedied.
Investigator's decision on behalf of the Ombudsman