Summary: We will not investigate this complaint about a discretionary council tax reduction claim, and the Council’s recovery action. Mr X can appeal the Council’s decision and there is not enough evidence of fault to warrant investigation of the Council’s recovery action.

The complaint

1. Mr X says the Council failed to properly consider his Section 13A(1)(c) discretionary council tax reduction application and his single person discount claim. He says the Council did not give an adequate explanation of its reasons. He also says the Council

• took recovery action before it decided on his applications, and
• failed to consider his vulnerability, breaching the Equality Act 2010.

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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 about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating, (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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How I considered this complaint

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

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My assessment

6. Mr X complained to the Council regarding the matters in paragraph 1.
7. The Council replied it had requested some information and evidence from Mr X, but he did not provided it. It had refused his discretionary reduction and a single person discount. But it said it would review this if he provided the information. The Council said its discretionary reduction decision letter explained its reasons. The Council gave Mr X details of his right of appeal to the Valuation Tribunal if he wished to appeal its decisions.
8. The Council said it had asked Mr X to provide information regarding his vulnerability and reasonable adjustments, but it had not received this. It explained there was no legal requirement to hold recovery and no compelling reason for it to do so. However, it said it said it would hold recovery for a month to give Mr X an opportunity to provide information.
9. We will not investigate Mr X’s complaint because it is reasonable to expect him to appeal the Council’s decisions to the Valuation Tribunal.
10. We will not investigate the Council decision not to hold recovery action, or its actions regarding his vulnerability and reasonable adjustments request. There is not enough evidence of fault to warrant investigation.

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Final decision

11. We will not investigate Mr X’s complaint because it is reasonable to expect Mr X to appeal the Council’s decision to the Valuation Tribunal. There is not enough evidence of fault in other parts of the complaint

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Investigator's decision on behalf of the Ombudsman