The Ombudsman's final decision
Summary: We will not investigate this complaint about council tax. This is because it is reasonable to expect Mr Y to appeal to the Valuation Tribunal.
The complaint
Mr Y is unhappy at the Council’s banding decision for his council tax rate. Mr Y says he pays a significantly higher amount living in a flat than he would if he lived in a terraced property and thinks the banding for his property is incorrect and unfair.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 the information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y lives in a block of flats. He says he is paying significantly more than properties nearby which are terraced properties, in council tax. He says this is unfair because the Council is charging council tax for each flat, rather than for the property as a whole.
Mr Y says the Council has referred him to his appeal rights and suggested that he can appeal the banding in which his flat is listed for council tax. Mr Y says he is struggling to gather evidence to support his case.
Mr Y has a right to appeal to the Valuation Tribunal if he wishes to dispute the amount he is liable for in council tax. We cannot normally investigate a complaint where someone can appeal the issue to a tribunal. The Valuation Tribunal is often free and reasonable adjustments can be made where necessary for access to the tribunal’s service.
Consequently, it is reasonable to expect Mr Y to use his right to appeal to the Valuation Tribunal and we will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because it is reasonable to expect him to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman