The Ombudsman's final decision
Summary: Mr X, a landlord, complains about council tax liability issues and misadvice by the Council. We will not investigate this complaint because there is a right of appeal to a Valuation Tribunal about any dispute as to liability.
The complaint
Mr X, a landlord, complains about council tax liability issues and misadvice by the Council.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. 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) 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.
I considered the complainant’s comments on my draft decision.
My assessment
Mr X says that he was told in 2021 he would receive a 50% discount for a property he let but then was told by the Council that this discount did not apply in his case.
Further, he says that he was given wrong information by the Council as to his liability in November (after new tenants had moved in).
Any dispute about council tax liability can be appealed 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.
If Mr X was given an incorrect bill then he could appeal to a Valuation Tribunal.
Final decision
I do not intend to investigate this complaint because he could appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman