The Ombudsman's final decision
Summary: We will not investigate this complaint about council tax liability. Mr X has a right of appeal to the Valuation Tribunal and it is reasonable for him to use it.
The complaint
Mr X complains the Council has refused to apply the correct council tax discounts for his property. He also complains about poor communication.
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 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) 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
Mr X asked the Council to apply council tax discount to his property when it was undergoing major repairs and was uninhabited.
The Council applied some discount, but Mr X disagrees with the Council’s calculations and considers he is not liable for some of the charges.
We will not investigate this complaint. The Valuation Tribunal Service deals with appeals about council tax liability and the application of discounts and exemptions. It is an independent, expert body whose decisions are binding on the Council. It is reasonable for Mr X to appeal to the Tribunal in this case.
Mr X also complains about poor communication. It is not a good use of resources to investigate a complaint about this, if we are unable to deal with the substantive issue.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman