The Ombudsman's final decision
Summary: We will not investigate this complaint about a Council tax premium because there is a right of appeal to a Valuation Tribunal.
The complaint
Ms X complains that the Council has delayed considering her appeal against a Council tax premium for part of 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 part of her property was considered separate by the Valuation Office Agency and she had to pay a separate Council tax as a result. The Council then imposed a 200% premium on the separate property despite an explanatory note stating that a separate but self contained unit would not have such a premium imposed.
She says that the Council has delayed responding to her appeal against this.
The Valuation Tribunal says that a person may appeal directly to the Valuation Tribunal when the Council has failed to respond to an appeal within time.
A dispute about a Council tax premium can be appealed to a 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 has a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman