Charnwood Borough Council (22 004 243)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 03 Jul 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about exemption from council tax as this can be appealed to a Valuation Tribunal.
The complaint
- Ms X complains that the Council have charged her mother full council tax on a property she has had to leave to receive care from a relative.
The Ombudsman’s role and powers
- 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)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says that her mother had a stroke in 2021 and moved into a relative’s house after her hospital stay. Ms X says that the Council is charging full council tax on her mother’s empty house while she obtains care elsewhere which she says is unfair.
- Any dispute about liability for, or exemption from, council tax, can be appealed to a Valuation Tribunal. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
Final decision
- We will not investigate Ms X’s complaint because it can be considered by a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman