Summary: We will not investigate this complaint about outstanding council tax liability because Mr X has a right of appeal to the Valuation Tribunal. And it is reasonable for him to use his appeal rights.

The complaint

1. Mr X complains the Council are pursuing him for an unpaid council tax debt from when the property was uninhabitable. Mr X would like the Council to waive the debt.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X asked the Council to exempt him from council tax for a period he could not live in his property. The Council did not apply the exemption.
8. Mr X contacted the Valuation Tribunal and it asked him for information for it to consider a late appeal.
9. We will not investigate Mr X's complaint. The Council's decision that Mr X is liable for council tax can be appealed to a Valuation Tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. It is therefore reasonable to expect Mr X to pursue an appeal in this case.

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Final decision

10. We will not investigate Mr X’s complaint because it is reasonable for him to use his right of appeal to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman