The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council not reducing Mr X’s council tax liability to zero. This is because it is reasonable for him to use his right of appeal to the Valuation Tribunal.
The complaint
Mr X complains the Council will not reduce his council tax liability to zero. He also complains the Council deliberately delayed in dealing with his complaints.
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 about the same matter. 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 information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has awarded Mr X a single person discount, council tax reduction, and provided a discretionary discount. This has reduced Mr X’s council tax charges. Mr X is unhappy the Council has not reduced his council tax charges to zero.
The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
It is reasonable to expect Mr X to use his right of appeal to the Valuation Tribunal if he wishes to dispute the Council’s decision on the discounts and reductions already provided to him to reduce his council tax charges. Therefore, we will not investigate this complaint.
In addition, we will not investigate Mr X’s complaints about the Council’s complaint handling. This is because we do not investigate complaints about complaint handling if we are not investigating the substantive complaint matter.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to use his right of appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman