The Ombudsman's final decision
Summary: We will not investigate this complaint about a Council tax liability because there is a right of appeal to a Valuation Tribunal. He can pursue his case with the Valuation Office Agency, a body out of jurisdiction.
The complaint
Mr X says that the Council unreasonable held him liable for Council tax despite the need for repairs to his property.
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.
We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Valuation Office Agency. (Local Government Act 1974, sections 25 and 34(1), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says that his rental property fell into disrepair due to subsidence and it took two years to repair the house.
The Council says that there is no discount for empty properties or those in need of repair. It advises that the Valuation Office Agency can delist the property. The Valuation Office Agency is a body out of jurisdiction.
The Ombudsman cannot determine whether an entitlement to a discount or exemption should apply; only a Valuation Tribunal can do this.
Any dispute about liability, discounts or exemptions from Council tax are therefore 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.
Final decision
We will not investigate Mr X’s complaint because he can appeal to a Valuation Tribunal and pursue the matter with the Valuation Office Agency, a body out of jurisdiction.
Investigator's decision on behalf of the Ombudsman