Wakefield City Council (21 015 785)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 21 Feb 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax liability on an uninhabitable property. It would be reasonable for Mr Y to appeal to the Valuation Tribunal.
The complaint
- Mr Y says the Council have charged him council tax for a property he has been unable to live in due to its dangerous condition.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
- I considered information provided by Mr Y and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has said the council tax is payable even though the property was unoccupied.
- This is a Council tax dispute. Therefore, it would be reasonable for Mr Y to appeal to the Valuation tribunal.
- The Valuation Tribunal considers disputes about Council tax. It is a free and easy to use service.
Final decision
- We will not investigate Mr Y’s complaint because it would be reasonable for him to appeal to the Valuation Tribunal
Investigator's decision on behalf of the Ombudsman