The Ombudsman's final decision
Summary: We cannot investigate this complaint about Mr X’s council tax liability. He has exercised his right of appeal to the Valuation Tribunal and the matter is outside our jurisdiction.
The complaint
Mr X complained about the Council sending him revised council tax bills for previous years when he was told he did not owe anything. The Council advised him to appeal to the Valuation Tribunal which he did in June 2021. He says he has not yet had an outcome from the Tribunal.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a tribunal. (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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he received a council tax bill with arrears of over £3,000 when he had in previous years been told he owed nothing. He questioned the amount with the Council and it told him it had received recent information which required it to change the financial information on his account. This resulted in the arrears.
The Council advised Mr X to appeal to the Valuation Tribunal if he wished to challenge its decision. Mr X appealed in June and received an acknowledgement from the Tribunal that he should receive a hearing date within 5 months. When he received no reply to his request for an update, he complained to us.
The Tribunal is independent of the Council and is not a body within our jurisdiction. Once Mr X has had a hearing from the Tribunal its decision will be binding on the Council and on him. We cannot investigate a complaint where the complainant has exercised his right of appeal to an independent tribunal.
Final decision
We cannot investigate this complaint about Mr X’s council tax liability. He has exercised his right of appeal to the Valuation Tribunal and the matter is outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman