The Ombudsman's final decision
Summary: We will not investigate this complaint about applications for council tax reduction and discretionary council tax support. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate.
The complaint
The complainant, Mr X, wants the Council award council tax reduction (CTR) and discretionary council tax support to write off council tax arrears.
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. 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 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 CTR. This includes appeals about discretionary support.
How I considered this complaint
I considered information provided by Mr X and the Council. I also considered our Assessment Code.
Final decision
We cannot investigate Mr X’s complaint about CTR. This is because the Council sent his appeal to the Valuation Tribunal. We have no power to investigate a complaint that is the subject of an appeal to the Valuation Tribunal.
We will not investigate the complaint about the discretionary support. If the Council decides not to award discretionary support, Mr X can appeal to the Valuation Tribunal. It is reasonable for Mr X to appeal because the tribunal is the correct organisation to consider disputes about discretionary support.
Investigator's decision on behalf of the Ombudsman