Summary: We will not investigate Mr X’s complaint about council tax discounts. Mr X has a right of appeal to the Valuation Tribunal and it would be reasonable to expect him to use it.

The complaint

1. Mr X complained the Council did not accept his application for a council tax discount.
2. Mr X also complained about how the Council handled his complaint and communicated with him.
3. Mr X said the matters caused him distress and uncertainty.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
7. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

8. I considered information provided by the complainant.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. Mr X complained the Council refused his application for a council tax discount.
11. Disputes about a Council tax premium or exemption can be appealed to the Valuation Tribunal. The Valuation Tribunal is an independent body which can determine any disputes about liability, discounts or exemptions from Council tax.
12. It would be reasonable for Mr X to use this right of appeal because it is set out in law and only the Valuation tribunal can determine such disputes.
13. As we will not investigate the substantive matters of the complaint, we will not investigate the Council’s handling of the complaint or its communication with Mr X because it is not proportionate to do so.

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Final decision

14. We will not investigate Mr X’s complaint because it would be reasonable for him to use his right of appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman