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
Mr X complains that the Council decided to make him liable for Council tax on his homes instead of the landlord.
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
Mr X is in dispute with his landlord about repair issues and whether his property is correctly licenced. He says that the Council has decided that Mr X is now liable for Council tax.
Any dispute about liability, discounts or exemptions from Council tax are a matter for the Valuation Tribunal. 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.
Any dispute about repairs can be the subject of complaints to the Housing Ombudsman.
Final decision
We will not investigate Mr X’s complaint because he can appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman