Summary: We will not investigate this complaint about Council tax advice because there is the Council has remedied the matter and there is insufficient evidence of injustice by the Council to warrant investigation.

The complaint

1. Mr X and Ms X complain that the Council gave misleading advice about entitlement to a Council tax exemption when selling their 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. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. The complainants say that they moved out of their house (and put it up for sale) after advice from a Council officer that they would receive a year’s complainant tax exemption as long as the property was up for sale.
7. A month later they received a Council tax bill for the full year.
8. The Council says that the advice given (whilst incorrect) was not made by a Council tax officer. They have, nevertheless, apologised for this and awarded the exemption applicable in their case; a month’s exemption from Council tax.
9. I am satisfied that the Council’s apology and confirmation of the correct Council tax exemption are satisfactory remedy to this complaint. Any dispute about the correct exemption can be appealed to a 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 this part of the complaint is out of jurisdiction.
10. I do not accept that any alternative action would have been taken by the complainants from the incorrect advice. Further, any proposed significant action based purely on Council tax liability could have been based upon information available on the Council’s website and the Council tax department itself.
11. Whilst I appreciate the frustration caused the complainants, I am not satisfied that there is sufficient remaining injustice to warrant investigation.

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Final decision

12. We will not investigate Mr and Ms X’s complaint because the matter has been remedied and there is insufficient remaining injustice to warrant investigation.

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Investigator's decision on behalf of the Ombudsman