Summary: We will not investigate Mr X’s complaint about council tax banding. This is because Mr X had a right of appeal to the Valuation Tribunal and it would have been reasonable for him to use that right.

The complaint

1. Mr X complains that his property has not been placed in the correct council tax banding. He says this means he has to pay £409 more than he should. He says this also excludes him from the government energy scheme.

Back to top

The Ombudsman’s role and powers

2. 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)

Back to top

How I considered this complaint

3. I considered information provided by Mr X.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My Assessment

5. Mr X says his property has been given the wrong council tax band and this has affected the amount of council tax he is liable for.
6. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. The Valuation Office Agency told Mr X in June 2021 that the next step to challenge the decision about his council tax banding would be an appeal to the Valuation Tribunal. It would have been reasonable for Mr X to use his right of appeal at that time.
7. Mr X’s appeal would now be considered late. Where the relevant time period for an appeal has elapsed, the Tribunal president may under certain circumstances allow for a late appeal to be submitted. It is open to Mr X to ask the Valuation Tribunal to consider his late appeal.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because this could have been appealed to a Valuation Tribunal and it would have been reasonable for Mr X to use that right.

Back to top

Investigator's decision on behalf of the Ombudsman