The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has decided not to award a council tax disability discount. This is because the complainant can appeal to the Valuation Tribunal.
The complaint
The complainant, whom I refer to as Mr X, complains the Council has refused to award a council tax disability discount. He wants the Council to award the discount.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. This includes appeals about discounts.
How I considered this complaint
I considered information provided by Mr X. This includes the Council’s decision not to award the discount. I also considered the Ombudsman’s Assessment Code and invited Mr X to comment on a draft of this decision.
My assessment
Mr X applied for a council tax disability discount. The Council refused the application on 9 September 2022 and provided reasons for its decision. The Council told Mr X he has two months to appeal to the Valuation Tribunal if he disagrees with the decision.
I will not start an investigation because Mr X can appeal to the Valuation Tribunal. It is reasonable to expect him to appeal because the tribunal is the appropriate body to consider appeals about council tax discounts. The tribunal is free to use and can decide if the Council should award the disability discount.
Final decision
We will not investigate this complaint because Mr X can appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman