Source · LGO (Local Government & Social Care Ombudsman)

London Borough of Barnet

LGO (Local Government & Social Care Ombudsman) Other Reference 21-013-834 Sector Benefits And Tax Category Council Tax Decided 21 January 2022

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Full decision

The Ombudsman's final decision

Summary: We will not investigate this complaint about council tax. This is because it is reasonable to expect Mr and Mrs Y to appeal to the Valuation Tribunal.

The complaint

Mr and Mrs Y complain the Council is wrongly pursuing them for unpaid council tax. Mr and Mrs Y say they are not liable for the council tax as they were receiving council tax support and housing benefit during the period they are being charged for.

Mr and Mrs Y say they are upset that they are being pursued for the money and inconvenienced.

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 the information Mr and Mrs Y and the Ombudsman’s Assessment Code.

My assessment

Mr and Mrs Y have the right to appeal to the Valuation Tribunal if they dispute their liability for the council tax. Normally we cannot investigate a complaint when someone can appeal to a tribunal, unless it would be unreasonable to expect the person to do so.

The Valuation Tribunal is often free and reasonable adjustments can be made where necessary for access to the tribunal’s service. Consequently, it is reasonable to expect Mr and Mrs Y to appeal to the Valuation Tribunal if they wish to dispute their liability for the unpaid council tax. Therefore, we will not investigate this complaint.

Final decision

We will not investigate Mr and Mrs Y’s complaint because it is reasonable to expect Mr and Mrs Y to appeal to the Valuation Tribunal.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

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