The Ombudsman's final decision
Summary: We will not investigate this complaint about council tax discounts. This is because it is reasonable to expect Mr Y to appeal to the Valuation Tribunal.
The complaint
Mr Y complains the Council has failed to apply a single occupancy discount to his council tax account since February 2020. This has caused Mr Y inconvenience and he has had to pay the full charge for council tax unfairly.
The Ombudsman’s role and powers
The law 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 the information Mr Y and the Ombudsman’s Assessment Code.
My assessment
Mr Y says he completed a form to tell the Council he lived alone and has done since February 2020. However, in December 2021 the Council said it could not award the single occupancy discount on Mr Y’s council tax before March 2021, as its records showed Mr Y lived with a relative.
Mr Y says the relative used his address for correspondence only. He says the Council should apply the single occupancy discount to his council tax account. Mr Y approached us in December.
The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. This is often free and reasonable adjustments can be made where necessary for access to the tribunal’s service.
Consequently, it is reasonable to expect Mr Y to use his right to appeal to the Valuation Tribunal if he wishes to dispute the Council’s application of the single occupation discount. Therefore, we will not investigate this complaint.
Investigator's decision on behalf of the Ombudsman