The Ombudsman's final decision
Summary: We will not investigate this complaint about Ms X’s entitlement to council tax discount as it is reasonable to expect Ms X to appeal about this to the Valuation Tribunal.
The complaint
Ms X complains the Council has wrongly removed her single person discount entitlement from her council tax liability. Ms X complains the Council’s decision that her student daughter lives with her is wrong.
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
The Valuation Tribunal (VT) is the independent body which hears appeal about council tax liability disputes. It has the power to decide Ms X’s liability; we do not. It is reasonable therefore to expect Ms X to appeal to the VT and as such, we will not investigate, as per paragraph two.
Final decision
We will not investigate Ms X’s complaint because it is reasonable to expect her to appeal against the Council’s decision to the VT.
Investigator's decision on behalf of the Ombudsman