Summary: We will not investigate this complaint about the failure to give Mr X a council tax discount for an uninhabitable property. It would be reasonable for him to appeal against the council tax bill at the Valuation Tribunal.

The complaint

1. Mr X says before he purchased a property, he explored the rules relating to council tax for an uninhabitable property and he has presented evidence to the Council. However, he is unhappy the Council has not accepted this and has refused to give him a discount for the council tax.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
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 information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. This is a dispute about council tax exemption. As a result, Mr X has the right to appeal against his bill at the Valuation Tribunal, and the Tribunal can consider his claim the property should have been exempt from council tax.
8. The Valuation Tribunal is a free and easy to use service which considers disputes regarding council tax reduction and council tax liability.
9. Therefore, it would be reasonable for Mr X to appeal to the Valuation Tribunal.

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Final decision

10. 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.

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Investigator's decision on behalf of the Ombudsman