Summary: We will not investigate this complaint about the Council’s council tax reduction scheme. This is because we cannot achieve the outcome Miss B seeks.

The complaint

1. Miss B complains the Council’s council tax reduction scheme discriminates against disabled households by wrongly including disability related benefits as normal income. Miss B says this has caused serious financial and emotional distress for her family. Miss B would like the Council to review and amend its council tax reduction scheme, and re-assess her claim for council tax reduction.

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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. 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 an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. The Act 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)
5. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

6. I considered information provided by Miss B.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We cannot investigate the terms of the Council’s local council tax reduction scheme because such policies form part of the Council’s annual council tax setting. The law says such decisions can only be challenged by judicial review. We will not investigate a matter which the law says only the High Court can decide.
9. Miss B may put in an appeal to the Valuation Tribunal against the Council’s decision on her entitlement to council tax reduction. This is the process set out in law to challenge such a decision and we generally expect it to be used. I find it is reasonable for Miss B to put in an appeal to the Valuation Tribunal.
10. So, we will not investigate this complaint.

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Final decision

11. We will not investigate Miss B’s complaint about the Council’s council tax reduction scheme because we cannot achieve the outcome she seeks. And, it is reasonable for Miss B to put in an appeal to the Valuation Tribunal against the Council’s decision on her council tax reduction entitlement.

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Investigator's decision on behalf of the Ombudsman