The Ombudsman's final decision
Summary: We will not investigate Ms B’s complaint about a council tax discount. This is because it is reasonable for Ms B to appeal to the Valuation Tribunal.
The complaint
The complainant, who I will refer to as Ms B, complains that the Council has refused to apply the single occupant discount to her council tax account. Ms B would like the Council to apply this discount and backdate it to August 2019.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Act says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
I considered information provided by Ms B.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms B has a right of appeal to the Valuation Tribunal against the Council’s decision not to award a single occupant discount to her council tax account. I find it is reasonable for Ms B to use this right of appeal. It is not the role of the Ombudsman to provide an alternative right of appeal and decide matters which the tribunal has the power to decide.
Final decision
We will not investigate Ms B’s complaint because it is reasonable for her to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman