The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about a council tax reduction decision. This is because it is reasonable for Mr B to appeal to the Valuation Tribunal.
The complaint
The complainant, who I will refer to as Mr B, complains the Council wrongly refused his request for a backdated council tax reduction to be applied to his late mother’s council tax account.
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 B.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B may put in an appeal to the Valuation Tribunal against the Council’s decision not to apply a backdated council tax reduction to his mother’s council tax account. I find it is reasonable for Mr B to use this right of appeal. The tribunal is in the best position to decide such matters and has the power to overturn the Council’s decision. It is not the role of the Ombudsman to provide an alternative right of appeal.
Final decision
We will not investigate Mr B’s complaint because it is reasonable for him to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman