The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s handling of Mrs X’s disabled band reduction application. This is because Mrs X has appealed to the Valuation Tribunal. It is not proportionate to investigate Mrs X’s complaint about the Council’s complaint handling faults.
The complaint
Mrs X complains about the Council’s decision to refuse a council tax disabled band reduction (DBR). She says the Council failed to properly consider evidence and the legal criteria for the reduction. Mrs X also complained about the Council’s complaint handling. She says the Council misled her about the appeal route. She also said the Council ignored medical evidence and refused reasonable adjustments.
The Ombudsman’s role and powers
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. This includes appeals about disabled band reduction decisions.
It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
How I considered this complaint
I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained to the Council regarding the matters in paragraph 1.
The Council responded that it would not consider her complaint because the correct route to challenge its decision to refuse a DBR was to appeal to the Valuation Tribunal.
Mrs X said that it was wrong for the Council to refer her to the Valuation Tribunal because it did not consider appeals about DBR.
Mrs X has since appealed to the Valuation Tribunal We cannot investigate a complaint if the complainant has appealed to the tribunal about the same matter, as in this case.
We will not investigate the complaint handling in this case because it is not proportionate to investigate where we are not investigating the substantive issue.
Final decision
We cannot investigate Mrs X’s complaint because we are not permitted to do so where the complainant has appealed. It is not proportionate to investigate the complaint handling matters.
Investigator's decision on behalf of the Ombudsman