The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council refusing to exempt Mr X’s property from council tax liability during a renovation. This is because Mr X can ask the valuation tribunal to consider liability.
The complaint
Mr X complains the Council has not applied a council tax exemption while the property was undergoing renovations and was empty.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (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 Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X applied for a discount of council tax due to ongoing renovation work and the property being empty.
The valuation tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
It is reasonable for Mr X to use his right to appeal to the tribunal.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect Mr X to appeal to a valuation tribunal.
Investigator's decision on behalf of the Ombudsman