The Ombudsman's final decision
Summary: We will not investigate this complaint about a Council tax premium as there is a right of appeal to a Valuation Tribunal.
The complaint
Ms X complains that the Council unreasonably imposed a Council tax premium on her 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.
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 the Council improperly advised her about a Council tax premium which applied to her house while she was decorating it.
The Ombudsman cannot determine whether an entitlement to a discount, premium 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 Ms X’s complaint because she could appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman