The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax liability as there is a right of appeal to the Valuation Tribunal.
The complaint
Ms X complains that she has been held liable for Council tax on a property that needed significant repairs.
The Ombudsman’s role and powers
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
Ms X says that she was offered a Council property in February 2023 but says the house was uninhabitable as there was no electricity, heating or hot water. She complained to the Council after taking the keys for the property.
She was later offered a new property in May 2024 but the Council says that she still owed Council on tax on the uninhabitable property.
Ms X could ask the Council for a discretionary payment toward the Council tax arrears and appeal to a Valuation Tribunal if the Council refuses.
The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
Final decision
We will not investigate Ms X’s complaint because she has a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman