Bristol City Council (20 008 007)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 15 Dec 2020
The Ombudsman's final decision:
Summary: Mr X complains the Council refuses to extend his council tax exemption period. We will not investigate this complaint because he can appeal to a Valuation Tribunal.
The complaint
- Mr X complains the Council refuses to extend his council tax exemption period.
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 have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.
What I found
- Mr X is renovating his property and says that it is uninhabitable as a result. He says that the Council will not extend the empty property council tax exemption despite delays caused by covid restrictions.
- Any dispute about council tax exemptions 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.
- Mr X could also ask the Valuation Office Agency to delist the property from council tax if the house is uninhabitable.
Final decision
- I do not intend to investigate this complaint because there is a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman