Wigan Metropolitan Borough Council (22 016 991)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 27 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Mr X being held liable for council tax for his late parents’ property. He has used his right of appeal to the Valuation Tribunal.
The complaint
- Mr X complained the Council is pursuing him for council tax for his late parents’ property. He says it is refusing to award him an exemption for the property being empty due to the council tax payer being deceased. He says this has caused him stress and anxiety and he wants the Council to put the council tax account back into the estate of his parents and award the exemption.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X has contacted the Valuation Tribunal to appeal the Council’s decision he is liable to pay council tax for his late parents’ property.
- The tribunal is an independent expert body whose decisions are binding on the Council. There is not a good reason for us to investigate in this case.
Final decision
- We will not investigate Mr X’s complaint because he has used his right of appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman