Summary: We will not exercise discretion to investigate Mrs X’s complaint that the Council failed to consider the condition and marketing of her property when deciding not to provide council tax exemption. This is because Mrs X has the right to appeal against this decision to the Valuation Tribunal.

The complaint

1. Mrs X complained that the Council had failed to consider the condition of the property, and her efforts to market the property, when deciding whether to provide a council tax exemption.

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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)

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How I considered this complaint

3. I have considered the information from Mrs X and the Council. Mrs X had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

4. Mr and Mrs X inherited a dilapidated property in August 2018, at that time the property was uninhabitable. Mrs X says she was initially unable to sell the property due to an issue with a boundary wall and the impact of COVID-19 lockdown. Mr and Mrs X became liable for the long term empty property premium in August 2020.
5. As part of the stage 1 complaint a Council officer visited the property in August 2020 and confirmed that the condition of the property was not inhabitable. In the stage 1 response the Council recommended Mrs X apply for the council tax hardship payment and market the property.
6. Mrs X applied for the council tax hardship payment and the Council applied this to the account in September 2020.
7. Mrs X sent emails to the Council on the 28 August, 2 and 11 October 2020 to advise regarding her efforts to market the property. Mrs X emailed the Council at the end of October 2020 requesting additional council tax charges be lifted.
8. Mrs X sent an email to the Council on 20 November 2020 to inform it she had accepted an offer on the property.
9. Mrs X raised a stage 2 complaint on 27 November 2020 as she had not received a response from the Council.
10. In December 2020 Mrs X stated the buyer of the property pulled out of the transaction and the sale of the property fell through.
11. Two days later the Council provided a stage 2 response and provided information on referring the matter to us.

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Analysis

12. The restriction outlined in paragraph 2 applies to this complaint. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. It is reasonable to expect Mrs X to apply to the tribunal.

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Final decision

13. We will not exercise discretion to investigate this complaint. This is because Mrs X has the right of appeal to the Valuation Tribunal and it is reasonable for her to use that right.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman