The Ombudsman's final decision
Summary: We will not investigate Ms B’s complaint that the Council has wrongly decided she does not qualify for a council tax single person discount. This is because it is reasonable for Ms B to put in an appeal to the Valuation Tribunal.
The complaint
Ms B complains the Council has wrongly decided she does not qualify for a council tax single person discount.
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 Act 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 Ms B.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms B may put in an appeal to the Valuation Tribunal against the Council’s decision that she does not qualify for a single person discount. This is the process set out in law to challenge this decision and I find it is reasonable for Ms B to do this.
So, we will not investigate this complaint.
Final decision
We will not investigate Ms B’s complaint because it is reasonable for Ms B to put in an appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman