The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax liability because there is a right of appeal to a valuation tribunal.
The complaint
Mr X complains that the Council has made mistakes regarding his liability for Council tax and an exemption and Council tax premium.
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 says that his property was let to a tenant. The Council disputes this following a site visit.
Any dispute about liability for Council tax can be appealed to a valuation tribunal. The valuation tribunal is an independent body which can determine any disputes about premiums, discounts or exemptions from Council tax. I see no reason why such an appeal could not be made in this case.
Final decision
We will not investigate Mr X’s complaint because the rei a right of appeal to a valuation tribunal.
Investigator's decision on behalf of the Ombudsman