The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s council tax reduction policy as its provisions can only be challenged by judicial review. Miss X can appeal to the Valuation Tribunal in respect of the Council’s decision on council tax liability and the amount it has awarded her in terms of discretionary relief.
The complaint
Miss X complains the Council’s council tax reduction policy discriminates against her as a disabled person. Miss X complains the Council no longer disregards the benefit she receives which means she now has to pay council tax. Miss X also complains about the Council’s award to her from its discretionary relief fund. Miss X asks us to investigate the Council’s policy.
The Ombudsman’s role and powers
We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) 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.
I considered the Ombudsman’s Assessment Code.
My assessment
The Local Government Finance Act 1992 states that a council’s council tax reduction scheme can only be question in the courts by way of a judicial review. We cannot therefore question the Council’s scheme.
Miss X can appeal the Council’s decision on her liability and the award of discretionary relief it has made to her via an appeal to the Valuation Tribunal (VT). This is the independent body which determines such matters. We are not an appeal body and cannot decide what council tax Miss X should pay.
It is reasonable to expect Miss X to appeal to the VT and therefore, as per paragraph three, we will not investigate.
Final decision
We will not investigate Miss X’s complaint because we cannot question the Council’s council tax reduction scheme and Miss X can appeal about her own liability to the VT.
Investigator's decision on behalf of the Ombudsman