Summary: We cannot investigate this complaint about council tax. This is because the law says we cannot investigate if someone has appealed to a tribunal.

The complaint

1. Mrs X complains on behalf of Mr Y that the Council is charging council tax on Mr Y’s property despite it being uninhabitable and has taken enforcement action against Mr Y for failure to pay council tax.
2. Mrs X says this has caused Mr Y, who is unwell, significant distress.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
4. 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

5. I considered the information provided by the complainant and the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y owns a property which has been uninhabitable since 2013. Mrs X says the Council has continued to charge council tax and have taken enforcement action unpaid council tax. Mrs Y says Mr Y has appealed his liability for council tax and asked that his property be removed from the register. She says this process began more than 20 months ago.
7. As Mr Y has already begun the appeals process with the Valuation Tribunal, we cannot investigate this complaint.

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Final decision

8. We will not investigate Mr Y’s complaint because he has already appealed his matter to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman