Torridge District Council (21 000 243)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 26 May 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to refuse the complainant a council tax exemption. This is because it is reasonable for them to use their right of appeal to the Valuation Tribunal.
The complaint
- The complainant, who I will refer to as Ms C, complains that the Council has refused to offer her an exemption on a council tax bill for a property that she owns which is uninhabitable.
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 Ms C complaint and the information that she and the Council provided. I sent a draft version of this decision to Ms C and invited her comments.
What I found
- In January 2021, tenants moved out of a property that Ms C owns. An inspection of the property found there to be structural problems meaning work needed to be carried out on the roof.
- Ms C asked the Council to grant her a council tax exemption until the work had been completed. The Council refused Ms C’s request and advised her of her right of appeal to the Valuation Tribunal.
Assessment
- I will not investigate Ms C’s complaint. This is because Ms C has a right of appeal to the Valuation Tribunal if she wishes to challenge the Council’s decision not to offer her a council tax exemption. It is reasonable for her to use this right of appeal because the Valuation Tribunal has the power to grant the exception.
Final decision
- We will not investigate this complaint. This is because is reasonable for her to use her right of appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman