Summary: We will not investigate Mr X’s complaint about the Council’s handling of a council tax charge and that it lied regarding speaking to the previous property owner’s family. This is because it is reasonable for Mr X to use his right of appeal to the Valuation Tribunal Service. In addition, any potential fault by the Council has not caused any significant injustice.

The complaint

1. Mr X complains about the Council’s handling of a council tax charge. He says he told the Council a property he bought was uninhabitable and the Council advised him there would be no council tax payable. However, he received a council tax bill years later. He also says the Council lied about speaking to the previous owner’s family.

Back to top

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 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
5. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

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

Back to top

My assessment

8. Mr X said he notified the Council about purchasing the property in 2019. He said the Council advised him there would be no council tax payable due to the property being derelict and not in a habitable state. He said the Council denied this had happened and said it obtained his details from a third party and from the family of the previous owner of the property.
9. Mr X says this is a lie and that he is contact with the family of the previous owner. He says they have confirmed the Council never contacted or approached them regarding the property.
10. There is evidence the solicitors who were involved in the sale of the property to Mr X provided Mr X’s information to the Council. An investigation is not justified as even if we were to find fault with the Council for stating it had obtained information from the family of the previous owner, this doesn’t change Mr X’s position regarding his liability for council tax.
11. Mr X does not consider he should have to pay council tax because the property was uninhabitable for the period he owned the property. Any decision regarding whether there should be an exemption to council tax, including because the property is uninhabitable, is a matter that can be appealed to the Valuation Tribunal Service. It is reasonable for Mr X to use his right of appeal.

Back to top

Final decision

12. We will not investigate Mr X’s complaint because it is reasonable for him to use his right of appeal to the Valuation Tribunal Service. In addition, any potential fault by the Council has not caused any significant injustice.

Back to top

Investigator's decision on behalf of the Ombudsman