Summary: We will not investigate this complaint about Council tax exemption because the matter can be appealed to a Valuation Tribunal and there is no evidence of fault.

The complaint

1. Ms X says that she was misled by the Council as to the period of her exemption from Council tax.

Back to top

The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal 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 appeal. (Local Government Act 1974, section 26(6)(a), as amended)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Ms X says that she was misled in believing her Council tax exemption had been extended beyond July 2022. She says that, had she known she would have occupied the property and obtained a single person discount and a £150 grant.
8. The Council says that she was awarded the full 12 months exemption in July 2021 and this ended in July 2022. They say she was sent a bill at that time to advise that the full bill was now payable from July 2022.
9. Ms X says she was told in a telephone call that the exemption would apply up to March 2023.
10. The Council has no record of this telephone call. Nevertheless, a bill was issued at the time clearly advising her of the change to her Council tax liability. I conclude therefore that the correct information was provided to her at the time.
11. If she disagrees with the Council’s decision as to her entitlement to any further exemption or discount she could appeal to a Valuation Tribunal. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.

Back to top

Final decision

12. We will not investigate Ms X’s complaint because she can appeal the Council’s decision and there is no evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman