The Ombudsman's final decision
Summary: We will not investigate this complaint about council tax reduction as Ms X can appeal against the Council’s decision not to award it to her to the Valuation Tribunal.
The complaint
Mrs X complains the Council has refused her application for council tax reduction. Mrs X says she is in receipt of disability benefits and cannot afford to pay full council tax.
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In its decision on Ms X’s application for council tax reduction, the Council advised Ms X of how to appeal the decision, ultimately to the Valuation Tribunal (VT). The VT is the independent body that is able to decide such appeals; we cannot. It is reasonable therefore to expect Ms X to appeal and so we will not investigate.
Final decision
We will not investigate Ms X’s complaint because she can appeal against the Council’s decision to the VT.
Investigator's decision on behalf of the Ombudsman