The Ombudsman's final decision
Summary: We will not investigate this complaint about a Council’s decision not to write off a Council tax debt because there is a right of appeal to a Valuation Tribunal.
The complaint
Ms X complains on behalf of another that they cannot pay Council tax as they have no recourse to public funds.
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 complains that the Council has required another person (with no recourse to public funds) to pay Council tax. The Council refused to exercise its discretion to write off the debt using its discretion.
Ms X can appeal to the Valuation Tribunal against the Council’s decision not to use its discretion. 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