The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint the Council refused his request for a Valuation Tribunal appeal decided entirely on the papers to meet his disability-related needs. This is because the complaint overlaps with the role of the Tribunal to decide how to handle the issue.
The complaint
Mr X appealed to the Valuation Tribunal following the Council’s refusal to reduce his council tax under its Disabled Band Reduction Scheme.
During the appeal process, Mr X asked for an appeal by the Valuation Tribunal entirely on the papers as a reasonable adjustment to accommodate his disability-related needs. He complains the Council refused to agree to this request.
Mr X complains the Council refused to investigate his complaint under stage 3 of its complaint process. He says it incorrectly decided the complaint fell outside its complaints process as it concerned legal matters.
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 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
We cannot investigate Mr X’s complaint about the Council’s handling of his request for a hearing on the papers as a reasonable adjustment under the Equality Act 2010. This is because the request formed part of the appeal process with the Valuation Tribunal. It was for the Tribunal to decide how to handle Mr X’s request and any refusal by the Council. We cannot investigate Mr X’s complaint because it overlaps with the role of the Tribunal.
It is not proportionate to investigate the Council’s complaint handling alone when we cannot investigate the substantive part of the complaint.
Final decision
We cannot investigate Mr X’s complaint the Council refused his request for a Valuation Tribunal appeal decided entirely on the papers to meet his disability-related needs. This is because the complaint overlaps with the role of the Tribunal to decide how to handle the issue.
Investigator's decision on behalf of the Ombudsman