Summary: We will not investigate this complaint about a Council tax premium because he can appeal to a Valuation Tribunal.

The complaint

1. Mr X complains that the Council has unreasonably imposed a premium on the Council tax owed on his late father’s home.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (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.
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

7. Mr X says that the Council imposed a higher Council tax premium on his late father’s property. He says that he has found it difficult to sell the property and so the premium is unfair.
8. The law provides that any dispute about the legality of the premium can only be challenged by way of judicial review.
9. Mr X can dispute whether the premium is appropriate in his case by appeal to the Valuation Tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.

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Final decision

10. We will not investigate Mr X’s complaint because he can appeal to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman