Summary: We will not investigate this complaint about the Council’s decision to reject the complainant’s application for a disability-based reduction in his council tax band. This is because the complainant can appeal to the Valuation Tribunal.

The complaint

1. The complainant, Mr X, complains the Council will not reduce his council tax band even though he has had the bathroom changed to meet the needs of his disabled child.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. This includes appeals about reductions in the council tax band.

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How I considered this complaint

5. I considered information provided by Mr X and the Council. This includes the Council’s decision rejecting the application and signposting Mr X to the Valuation Tribunal. I also considered our Assessment Code.

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My assessment

6. Mr X’s bathroom has been altered to meet the needs of a disabled child.
7. Mr X applied for a disability council tax reduction. Councils can reduce the council tax band if a property has been adapted to meet the needs of a disabled person. The rules say that to qualify the property must have a second bathroom to meet the needs of a disabled person, insufficient floor space for a wheelchair, or an additional room which is predominately used by a disabled person.
8. The Council rejected the application because Mr X has changed the existing family bathroom but has not had a second bathroom installed. The Council told Mr X he could appeal to the Valuation Tribunal if he disagreed with the decision.
9. I will not investigate this complaint because Mr X can appeal to the Valuation Tribunal. It is reasonable to expect him to appeal because the tribunal is the appropriate organisation to decide if Mr X is entitled to the reduction. The tribunal is free to use and the appeal decisions are made by members who are experienced in considering council tax issues. If appropriate, the tribunal has the power to award the reduction – we do not have that power. People usually have two months from the date of the decision to appeal; Mr X is still within that time frame.

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Final decision

10. We will not investigate this complaint because Mr X can appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman