Summary: We cannot investigate this complaint about council tax liability. This is because the complainant has already appealed to the specialist tribunal so we have no remit.

The complaint

1. Mr X complains about the Council charging him for council tax despite his property being unhabitable due to flooding. He says the Council and the Valuation office are sending him ‘round and round’ instead of resolving the issue.

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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 Valuation Tribunal deals with appeals against decisions on council tax liability.
4. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We have no powers to intervene as Mr X has already complained to the Valuation Tribunal (which has asked him to provide information/evidence). If he wishes to complain about the Valuation Tribunal, he can complain to the Parliamentary and Health Service Ombudsman.

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Final decision

8. We will not investigate Mr X’s complaint because he has used his right of appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman