Summary: Ms X complains that the Council has charged council tax on a property she owns. We will not investigate this complaint because there is a right of appeal to a Valuation Tribunal.

The complaint

1. Ms X complains that the Council has charged council tax on a property she owns.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. I considered the complainant’s comments on my draft decision.

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My assessment

7. Ms X says that an order was placed on her property which prevented her from renting out part of her property. She says that she did not realise that she would be liable for council tax in this situation (she says that a different order would have exempted her from council tax).
8. She says that delays by the Council has meant that she now has to pay a council tax empty property premium.
9. Ms X can appeal to a Valuation Tribunal which can determine independently any liability issue or exemption dispute. The Ombudsman cannot determine such matters.
10. 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.

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Final decision

11. I do not intend to investigate this complaint because there is a right of appeal to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman