The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with Dr X’s partner’s application for council tax reduction. This is because the complaint is outside the Ombudsman’s jurisdiction as she has used her right of appeal to the Valuation Tribunal.
The complaint
Dr X complains about how the Council dealt with her partner’s application for council tax reduction. She says as a result, she was forced to pay for her partner’s council tax liability.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (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.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate any complaints about how the Council’s dealt with Dr X’s partner’s application for council tax reduction. This is because we do not have signed consent from her partner to act on her behalf.
Dr X’s claimed injustice from the alleged fault in how the Council dealt with her partner’s council tax reduction application is that she felt she was forced to pay his council tax liability. However, this injustice does not flow from the alleged fault as it was Dr X’s choice to pay her partner’s council tax liability on his behalf.
Finally, Dr X has used her right of appeal to the Valuation Tribunal. The Tribunal dismissed the appeal as it found no mistake or error in how the Council calculated Dr X’s partner’s council tax reduction.
Final decision
We will not investigate Dr X’s complaint because the complaint is outside the Ombudsman’s jurisdiction as she has used her right of appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman