Summary: Mr X complains about the Council’s decision not to award a council tax discount on his property due to works carried out. The Ombudsman will not investigate this complaint because there is a right of appeal to a Valuation Tribunal.

The complaint

1. Mr X complains about the Council’s decision not to award a council tax discount on his property due to works carried out.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.

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What I found

5. Mr X bought a second property and has been carrying out repairs and improvement to it. He says that he ought to qualify for a discount on the second property whilst the works take place.
6. Any dispute about entitlement to discounts to council tax can be appealed to a Valuation Tribunal. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.

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Final decision

7. I do not intend to investigate this complaint because there is a right of appeal to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman