Summary: We will not investigate this complaint about Council tax discretionary relief as it was appealed to a valuation tribunal and there is insufficient evidence of fault by the Council.

The complaint

1. Ms X complains about the way the Council dealt with her Council tax appeal and its failure to comply with the valuation tribunal’s decision.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (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. Ms X appealed against the Council’s decision not to award discretionary Council tax relief. She says that the Council should have forwarded the appeal to the valuation tribunal. The Council says that it was aware that an appeal had already been made at that point.
8. There is no requirement for a Council to forward an appeal to the valuation tribunal as an appellant can do so themselves directly.
9. The Ombudsman cannot investigate any aspect of an appeal which has been made to a valuation tribunal.
10. Ms X says that the Council failed to award her the payment following her successful appeal. The Council reduced her Council tax bill by this sum. I consider that this is a compliance with the valuation tribunal decision and so there is no evidence of fault by the Council.

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Final decision

11. We will not investigate Ms X’s complaint because she appealed 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