Summary: Mr X complained about the Council compulsory purchasing a property which he owns. He also complained about its refusal to award him a council tax exemption and discount. The Ombudsman should not exercise his discretion to investigate this complaint. This is because Mr X has appealed to a government minister about the compulsory purchase order and he has exercised his right to appeal to the Valuation Tribunal about the council tax matters.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council compulsory purchasing a property which he owns. He says it has acted in the interest of his neighbour who wants to buy the property at a discount. He also complained that the Council has refused to allow him exemptions and discounts on council tax payments which he says he should be eligible for.

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The Ombudsman’s role and powers

2. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
4. The Planning Inspectorate acts on behalf of the responsible Government minister.
5. The courts have said that where we cannot investigate a complaint about the main or underlying issue, we cannot normally investigate related issues either.

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How I considered this complaint

6. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response and Mr X has commented on the draft decision.

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What I found

7. Mr X owns a property which has been empty for several years. He says he is undertaking renovation work but in 2018 the Council served a compulsory purchase order on the property. Mr X appealed to the Planning Inspectorate and in February 2019 the Inspector confirmed the order. The Ombudsman cannot investigate complaints where a government minister has already considered an appeal.
8. Mr X applied to the Council for an exemption of council tax for the period the property was empty and for discounts for being a carer and for disability. The Ombudsman will not investigate complaints where there is a right of appeal to an independent tribunal available. Mr X appealed to the Valuation Tribunal which is the proper authority to consider appeals about council tax discounts exemptions and liability. The Ombudsman does not consider complaints about council tax discounts and exemptions and the Valuation Tribunal has considered Mr X’s appeals on these matters.

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Final decision

9. The Ombudsman should not exercise his discretion to investigate this complaint. This is because Mr X has appealed to a government minister about the compulsory purchase order and he has exercised his right to appeal to the Valuation Tribunal about the council tax matters.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman