The Ombudsman's final decision
Summary: We will not investigate this complaint about exemption from council tax as this can be appealed to a Valuation Tribunal.
The complaint
Ms X complains that the Council have charged her mother full council tax on a property she has had to leave to receive care from a relative.
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.
My assessment
Ms X says that her mother had a stroke in 2021 and moved into a relative’s house after her hospital stay. Ms X says that the Council is charging full council tax on her mother’s empty house while she obtains care elsewhere which she says is unfair.
Any dispute about liability for, or exemption from, council tax, 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.
Final decision
We will not investigate Ms X’s complaint because it can be considered by a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman