The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that the complainant is not eligible for the council tax single person discount from 2021 to 2023. This is because the complainant can appeal to the Valuation Tribunal.
The complaint
The complainant, Ms X, complains about the Council’s decision that she is not eligible for the council tax single person discount from 2021 to 2023. She says the accusations are racially motivated and the Council is bullying and harassing her.
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 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. This includes appeals about the SPD.
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the complaint correspondence and the Council’s final decision about the SPD. I also considered our Assessment Code.
My assessment
People who live alone may be eligible for the SPD. Ms X received the SPD during 2021 to 2023.
The Council received information which suggested Ms X might not have been living alone during this time. It carried out a fraud investigation and asked Ms X for information. Ms X provided some information and complained. She said the Council’s approach was racially motivated. Ms X said she lived alone from 2021 to 2023.
In September 2024 the Council decided Ms X is not eligible for the SPD from 2021 to 2023. It signposted Ms X to the Valuation Tribunal if she disagreed with the decision.
I will not start an investigation because Ms X can appeal to the Valuation Tribunal. It is reasonable for her to appeal because the tribunal is the appropriate organisation to decide whether Ms X is eligible for the SPD. The tribunal is free to use and the Council notified Ms X of her appeal rights. It is the role of the tribunal, not us, to decide if the Council made the correct decision.
In addition, while we do not investigate a council’s handling of a matter which needs to be considered by a tribunal, I have not seen anything to suggest the investigation was racially motivated. Instead, it flowed from discrepancies that emerged from the national data matching and fraud initiative and the evidence that emerged during the subsequent investigation. Ms X may disagree with the Council’s assessment of that information but, as I have said, that is a matter for the tribunal.
Final decision
We will not investigate this complaint because Ms X can appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman