The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax banding because she appealed to a Valuation Tribunal and the matter has been remedied.
The complaint
Ms X complains that the Council initially refused to reduce her Council tax banding (on the grounds of disability).
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (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.
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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
Ms X says that she asked the Council for a reduction in her Council tax banding based on her disability. The Council refused and so she appealed to a Valuation Tribunal. The Council reviewed its decision before the hearing and her request was granted.
The Ombudsman cannot investigate a complaint where an appeal to a tribunal has been used. Further, the Council remedied the complaint by changing its decision in her favour. The Ombudsman would not have sought any further remedy to this complaint.
Final decision
We will not investigate Ms X’s complaint because she appealed to a Valuation Tribunal and the Council remedied the matter.
Investigator's decision on behalf of the Ombudsman