Summary: We will not investigate this complaint about the Council’s decision not to award Ms X an exemption for her health condition. This is because she has right of appeal to the Valuation Tribunal and it would be reasonable for her to use it.

The complaint

1. Ms X complained the Council will not award her a council tax exemption in recognition of her disabilities. She also complained the Council has failed to provide reasonable adjustments she asked for and will not make available its policies on its duties under the equality act.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X complained the Council would not award her a council tax exemption in recognition of her disabilities. She was also unhappy with the council tax reduction awarded to her. The Council told Ms X she did not qualify for an exemption and referred her to the Valuation Tribunal.
8. Ms X further complained the Council would not make reasonable adjustments by communicating with her by email. The Council confirmed in its final complaint response that it would communicate with her in writing. Ms X said the Council would not provide her with information relating to its duties under the public sector equality act after she made a freedom of information request.
9. The Ombudsman will not investigate complaints where there is another body better placed to consider the matter. The Council has referred Ms X to the Valuation Tribunal because it is the body responsible for determining whether people are entitled to council tax reductions or exemptions. It would therefore be reasonable for Ms X to refer this part of the complaint to the Tribunal.
10. The evidence shows Ms X asked the Council to communicate with her in writing and the Council agreed to this after first enquiring if she had a support worker. It is unlikely the Ombudsman would find fault with the Council’s actions.
11. Ms X has made a freedom of information request and is unhappy with the Council’s response. The Information Commissioner’s Office is the body responsible for considering complaints regarding data and information sharing. It would be reasonable for Ms to refer this part of the complaint to the ICO.

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Final decision

12. We will not investigate Ms X’s complaint because she has a right of appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman