Summary: We will not investigate Miss B’s complaint about the Council charging a council tax premium on a property she inherited and is trying to sell. This is because it is reasonable for Miss B to put in an appeal to the Valuation Tribunal.

The complaint

1. Miss B complains the Council is wrongly charging a council tax premium on an empty property which was owned by her late mother and which she is trying to sell.

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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. The Act 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

5. I considered information provided by Miss B.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. Miss B may challenge the Council’s decision by putting in an appeal to the Valuation Tribunal. This is the process set out in law to challenge the Council’s decision and I find it is reasonable for Miss B to do this. So, we will not investigate this complaint.

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Investigator's decision on behalf of the Ombudsman