The Ombudsman's final decision
Summary: We will not investigate this complaint about delays in the Council considering Mr X’s request for a council tax reduction. Mr X has a right of appeal to the Valuation Tribunal, and it would be reasonable to expect him to use it.
The complaint
Mr X complained about delays in the Council considering his request for a discretionary council tax reduction. Mr X said the Council had not communicated with him during this delay.
Mr X said the matter caused him a financial impact.
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
In Mr X’s complaint to the Ombudsman, he recognised he has a right of appeal to the Valuation Tribunal but said his complaint to us was separate from matters he could appeal.
Disputes about a Council tax premium or exemption can be appealed to the Valuation Tribunal. The Valuation Tribunal is an independent body which can determine any disputes about liability, discounts or exemptions from Council tax.
The available evidence suggests it would be reasonable for Mr X to appeal to the Valuation Tribunal. Given the Council has not responded to him for more than two months, he can use this right of appeal.
I do not consider Mr X’s complaint about delays to be separable. It is too closely related to matters Mr X could appeal and so we will not consider it.
Final decision
We will not investigate Mr X’s complaint because he has a right of appeal to the Valuation Tribunal and it would be reasonable to expect him to use it.
Investigator's decision on behalf of the Ombudsman