The Ombudsman's final decision
Summary: We will not investigate Mr C’s complaint about the Council’s decision not to apply a single person discount to his council tax account. This is because it is reasonable for Mr C to appeal to the Valuation Tribunal.
The complaint
The complainant, who I will refer to as Mr C, complains that the Council has not applied a single person discount to his council tax account. Mr C would like the Council to pay him a refund for the council tax he overpaid when he lived in the Council’s area.
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 Mr C and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr C has a right of appeal to the Valuation Tribunal against the Council’s decision not to apply a single person discount to his council tax account. I find it is reasonable for Mr C to use this right of appeal because it is the role of the tribunal to decide such matters. It is not the role of the Ombudsman to provide an alternative right of appeal.
Final decision
We will not investigate Mr C’s complaint because it is reasonable for him to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman