The Ombudsman's final decision
Summary: We will not investigate this complaint about a Council tax discount because there is a right of appeal to a Valuation Tribunal.
The complaint
Mr X complains that the Council failed to apply the correct Council tax discount to a property.
The Ombudsman’s role and powers
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) 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says that he should be entitled to a full 12 month’s Council tax discount on a property. The Council says that this only applies for the first two months.
Any dispute about Council tax discounts can be appealed to a Valuation Tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
Final decision
We will not investigate Mr X’s complaint because has a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman