The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of the complainant’s council tax account. This is because it is reasonable to expect the complainant to appeal to the Valuation Tribunal.
The complaint
Mr X complains about the Council deciding to hold him liable for council tax for an unoccupied property that he left as it was unhabitable.
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.
How I considered this complaint
I considered information provided by the complainant.
Final decision
I will not investigate as it is reasonable to expect Mr X to use his legal right of appeal to the Valuation Tribunal about the decision made on his liability for council tax.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman