The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax banding because there is a right of appeal to a Valuation Tribunal.
The complaint
Ms X complains about the Council’s refusal to reduce her Council tax despite her need for care support.
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
Ms X applied for Council tax banding relief in November 2023. The Council rejected the application and the request was reviewed in March 2024 but refused and Ms X was told of her right of appeal to the 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.
Final decision
We will not investigate Ms X’s complaint because there is a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman