Summary: We will not investigate this complaint about the Council refusing to waive council tax on a damaged empty property. It would be reasonable for the complainant to appeal to the Valuation Tribunal. The complaint is also late and there are no good reasons to exercise discretion and investigate.

The complaint

1. Mr X says his property has been empty due to fire damage that occurred in 2019 to the property next door. However, the Council has still been charging him council tax.
2. Mr X also says the Council has failed to help them resolve the damage to their property with the adjoining owners.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
6. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
7. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

8. I considered information provided by the complainant.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. The complaint made by Mr X is about council tax liability.
11. Mr X has the right of appeal at the Valuation Tribunal.
12. The Valuation Tribunal is a free and easy to use service which deals with council tax disputes.
13. Therefore, it would be reasonable for Mr X to appeal against the council tax liability at the Valuation Tribunal.
14. Moreover, the damage to the property occurred in 2019. Therefore, this complaint is late and there are no good reasons to exercise discretion and investigate.
15. It is also the case the Council is not responsible for repairing Mr X’s property or securing it; that is a matter between him, the adjoining owner, and their insurers as necessary.

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Final decision

16. We will not investigate Mr X’s complaint because it would be reasonable for him to appeal against the council tax at the Valuation Tribunal. The complaint is also late and there are no good reasons to exercise discretion and investigate.

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Investigator's decision on behalf of the Ombudsman