Summary: We will not investigate this complaint about a disputed council tax liability. This is because it is reasonable for Mr and Mrs Y to appeal to the Valuation Tribunal.

The complaint

1. Ms X complains on behalf of residential landlords Mr and Mrs Y. She says the Council has refused to refund Mr and Mrs Y’s council tax for a property that was empty. Ms X would like the Council to reassess Mr and Mrs Y’s liability for this payment. Ms X says the Council’s actions have caused Mr and Mrs Y a financial impact.

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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 considered information provided by Ms X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr and Mrs Y have a right of appeal to the Valuation Tribunal about the Council’s decision regarding the disputed council tax liability. It is reasonable to expect Mr and Mrs Y to appeal to the Tribunal if they are unhappy with the Council’s decision.

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Final decision

7. We will not investigate this complaint. This is because Mr and Mrs Y can appeal to the Valuation Tribunal and it is reasonable in the circumstances of this case for them to do so.

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Investigator's decision on behalf of the Ombudsman