Summary: We will not investigate this complaint about the Council’s refusal to write off a Council tax debt as the matter could be appealed to a Valuation Tribunal.

The complaint

1. Ms X complains that the Council refused to write off a previous Council tax debt despite her previous successful appeal to a Valuation Tribunal.

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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.

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How I considered this complaint

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

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My assessment

6. Ms X had appealed to a Valuation Tribunal against a decision to recover Council tax from her. Her appeal was successful and the tribunal decided that the overpayment could not be recovered. However, the Council sought to recover a previous sum from her. The Council wrote off part of that sum using its discretion but no further amount has been written off.
7. Ms X was advised by the Ombudsman previously that Ms X could appeal against the Council’s refusal to exercise its discretion to write off the whole sum to a Valuation Tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
8. I appreciate that this whole matter has been frustrating for Ms X but the Ombudsman would not investigate this aspect because the injustice is insufficient to warrant investigation given that the primary matter is out of jurisdiction.

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Investigator's decision on behalf of the Ombudsman