The Ombudsman's final decision
Summary: We will not investigate this complaint about a Council tax premium and discount because there is a right of appeal to a Valuation Tribunal.
The complaint
Mr X complains that the Council has imposed a Council tax premium on a property which required substantial renovation. He is unhappy he no longer receives a single occupation discount.
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 he is renovating an uninhabitable property owned by his wife. He says he should receive a single occupation discount and the second property should not have a premium attached to it.
Any dispute about the application of a Council tax premium can be appealed to a Valuation Tribunal. This also applies to any dispute about a Council tax discount. 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 has a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman