Summary: We will not investigate this complaint about a Council tax premium and listing advice because there is a right of appeal to a Valuation Tribunal and there is insufficient evidence of fault by the Council.

The complaint

1. Mr X complains that the Council unreasonably delayed advising him about de-listing his property for Council tax and has unreasonably imposed a Council tax premium on his property.

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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. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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. Mr X has a property which he says need substantial repair. He says that he asked the Council about this and they failed to advise him (until recently) that he could ask the Valuation Office Agency to de-list the property for Council tax purposes. The Council has also added an empty house premium to his Council tax which he says is unfair. He says the Council should use its discretion to waive the premium.
8. The Council is under no obligation to provide advice about Council tax listing. This is a function of the Valuation Office Agency. Information about this is, however, available on the Council’s website. I do not consider therefore that the Council’s failure to provide specific advice is fault.
9. Mr X has a right of appeal to the Valuation Tribunal against the Council’s decision to impose a Council tax premium. Further, he has a right of appeal to the Valuation Tribunal against any decision by the Council not to exercise its discretion about a Council tax liability.
10. 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

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council, and he has a right of appeal to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman