Summary: We will not investigate this complaint about council tax liability and damage to the complainant’s property. It would be reasonable for Mr X to appeal to the Valuation Tribunal. We would also expect Mr X to take the matter regarding the alleged damage to his property to court.

The complaint

1. Mr Z says the Council has been overcharging him council tax for over ten years and has been charging him more than his neighbours.
2. Mr Z also says the Council has claimed his property was unoccupied and should have been giving him a council tax reduction.
3. Mr Z also says the Council entered his home in July 2021 and caused damage to his property.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
7. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

10. Mr X has the right to appeal against the council tax bill at the Valuation Tribunal.
11. The Valuation Tribunal is a free and easy to use service which deals with Council tax disputes.
12. Therefore, it would be reasonable for Mr X to appeal to the Valuation Tribunal.
13. It is also not for the Ombudsman to say whether the Council is liable for the damage alleged by Mr X.
14. This is a matter for the courts to decide. As a result, we would expect Mr X to take the issue to court should he wish for any compensation.

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Final decision

15. We will not investigate Mr X’s complaint because it would be reasonable for him to appeal against the council tax liability at the Valuation Tribunal. We would also expect Mr X to ask the courts to consider the matter about the alleged damage to his property.

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Investigator's decision on behalf of the Ombudsman