The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about how the Council handled her application for a discretionary discount on her council tax. This is because Mrs X has appealed to the Valuation Tribunal and her complaint is therefore out of our jurisdiction.
The complaint
Mrs X complains the Council have not properly assessed her eligibility for a discretionary council tax discount. She also says the Council have delayed in answering her complaint. She says it has been stressful and she wants an apology and financial compensation.
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 and council tax support or reduction.
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X asked the Council to consider her application for a discretionary council tax discount. The Council decided she had sufficient funds and refused her application. Mrs X appealed to the Valuation Tribunal.
Mrs X has complained the Council delayed in its response to her complaint. it is not a good use of public resources to investigate complaints about complaint handling when we are not investigating the substantive matter.
Final decision
We will not investigate Mrs X’s complaint because she has made an appeal to the Valuation Tribunal which place her complaint outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman