Bath and North East Somerset Council (23 012 133)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 22 Nov 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about liability for Council tax as this could be appealed to a Valuation Tribunal.
The complaint
- Ms X complains that the Council has held her liable for Council tax on a property she could not inhabit due to the poor state of the property.
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)
- 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 and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says that she was offered a property which was full of mould and uninhabitable. She says that, despite this, the Council has pursued her for Council tax on the property.
- The Council advised her that any dispute about liability for Council tax can be determined by the Valuation Tribunal.
- The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
Final decision
- We will not investigate Ms X’s complaint because she could appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman