Summary: We will not investigate this complaint about a Council tax discount as there is a right of appeal to a Valuation Tribunal. Further, there is insufficient evidence of fault by the Council.

The complaint

1. Mr X complains that the Council has not applied a single occupancy discount to his Council tax bill and has failed to provide details of his debt and payments.

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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.
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

7. Mr X complains that the Council has not provided a detailed breakdown of his Council tax debts and payments.
8. The Council has stated his current debt and advised him that details of all payments and yearly Council tax debt can be found online. I am satisfied that this information is available to Mr X and there is insufficient evidence of fault by the Council to warrant investigation. The Council has offered to consider altering Mr X’s payment schedule if he provides details of his income and expenditure.
9. Mr X has queried his entitlement to a single occupation discount. Any discount dispute can be appealed to a Valuation Tribunal. Mr X also argues that a tenant has taken over liability for the Council tax on the property. Again, any dispute about liability can be appealed to a Valuation Tribunal.
10. 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

11. We will not investigate Mr X’s complaint because there is right of appeal to a Valuation Tribunal and there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman