Torbay Council (19 019 773)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 11 Mar 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Ms B’s complaint about the Council’s decision to hold her liable for council tax. This is because if Ms B disagreed with the Council’s decision it was reasonable for her to appeal to the Valuation Tribunal.
The complaint
- Ms B is unhappy the Council is holding her liable for council tax for the period when her house was empty and owned by someone else before she bought it.
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 from Ms B. I shared a draft of this decision with Ms B and invited her comments.
What I found
- The Council wrote to Ms B and said she owed £595.14 of council tax because of a two-year empty property premium.
- Ms B disputes this and says she shouldn’t have to pay for a property that was empty and owned by someone else.
- In its response to Ms B’s query, the Council explained it applies a levy of 100% on properties that have been unoccupied and unfurnished for two years or more. The Council also referred Ms B to the Valuation Tribunal if she disagreed with its decision.
- When someone has a right of appeal to a tribunal, the Ombudsman normally expects them to use that right, unless it is unreasonable for them to do so. Any dispute about council tax liability or entitlement to council tax support can be appealed to a Valuation Tribunal. The Tribunal is an independent expert body. I see no reason why Ms B could not have appealed to the Valuation Tribunal.
Final decision
- The Ombudsman will not investigate Ms B’s complaint. This is because if Ms B disagreed with the Council’s decision it was reasonable for her to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman