Summary: We will not investigate this complaint about council tax for a property that Mr X says is uninhabitable. This is because this is not a matter for the Council, and is for the Valuation Office Agency. We cannot investigate matters before Mr X’s mother’s death.

The complaint

1. Mr X complains the Council charged council tax for an uninhabitable property owned by his mother who has passed away. He says this has caused frustration and distress. He asked the Council to refund council tax that her solicitors paid.

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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. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
4. 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).

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How I considered this complaint

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

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My assessment

6. Mr X says he raised the issue of his relative’s home being uninhabitable in 2020, but the Council did not reply. His relative passed way in 2021. Mr X’s mother had become the owner but did not move in.
7. Mr X complained to the Council he found out in 2024 that in his mother’s solicitors had paid a significant amount to the Council for council tax for the empty property.
8. The Council replied that after Mr X’s relative passed away it had sent bills to the solicitors acting for his mother. It had added an empty property premium to the account from 2023.
9. The Council explained Mr X could apply for an exemption if the property was deemed uninhabitable by law due to a fire or if a planning condition applied. If Mr X believed the property should be removed from the ratings list due to being uninhabitable, he could apply to the Valuation Office Agency.
10. The VOA considers whether a property is uninhabitable and should be removed from its listing. Therefore, this is not an administrative function of the Council, and the Ombudsman cannot consider it. Mr X can apply to the VOA to remove the property from the listing.
11. Mr X can apply to the Council for an exemption if he considers the property is not habitable by law. He can appeal to the Valuation Tribunal if he disagrees with the Council’s decision.
12. Mr X says the Council should refund money the solicitors paid on his mother’s behalf. However, we cannot investigate matters before her death as these should have been raised by the person holding lasting power of attorney, in this case her solicitor.

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Final decision

13. We will not investigate Mr X’s complaint because it is regarding a matter that is not an administrative function of the Council. Mr X can appeal to the Valuation Tribunal regarding a decision on council tax exemptions. We cannot investigate matters that occurred before Mr X’s mother’s death as these were the responsibility of her solicitor.

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Investigator's decision on behalf of the Ombudsman