The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax banding as there is a right of appeal to a Valuation Tribunal.
The complaint
Mx X complains that the Council has failed to reduce her Council tax banding on the grounds of disability.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (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
Mx X says that they asked the Council to reduce her Council tax banding on the grounds of her disability, but the Council refused saying the property had not been adapted and therefore the reduction could not apply.
Any dispute about banding for disability can be appealed to a Valuation Tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
If Mx X’s income has reduced they can apply for Council tax reduction (which can also be appealed to a Valuation Tribunal).
Final decision
We will not investigate Mx X’s complaint because there is a right of appeal to Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman