Summary: We will not investigate this complaint about Council tax liability and premium because there is a right of appeal to a valuation tribunal and the matter has been remedied.

The complaint

1. Mr and Ms X complain that the Council has mishandled a Council tax matter concerning a property which was tenanted.

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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 about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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. The complainants say that a tenant moved into a property they owned but the Council failed to acknowledge this and wrongly imposed a second home Council tax premium on the property.
8. Any dispute about liability for Council tax can be appealed to a valuation tribunal. The valuation tribunal is an independent body that can overturn a Council’s decision; the Ombudsman cannot do this. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
9. The Council accepts that it failed to handle the matter properly and offered £350 compensation for the time and trouble and stress in making the complaint.
10. I am satisfied that this is a suitable remedy for the complaint, aside from the right of appeal to the valuation tribunal.

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Final decision

11. We will not investigate Mr and Ms X’s complaint because there is a right of appeal to a valuation tribunal and the matter has been remedied.

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Investigator's decision on behalf of the Ombudsman