The Ombudsman's final decision
Summary: We will not investigate this complaint about a student Council tax exemption because there is a right of appeal to a Valuation Tribunal.
The complaint
Ms X complains that the Council has not applied a student exemption to her Council tax bill.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says she submitted a student exemption form three times to the Council but the Council said they never received them.
Any dispute about Council tax exemptions can be appealed to a Valuation Tribunal. The tribunal is an independent body which can determine any dispute about such decisions. An appeal can be made to the Valuation Tribunal if the Council fails to determine a claim within two months.
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 Ms X’s complaint because there is a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman