The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council are pursuing the complainant for a council tax debt that he says he doesn’t owe. This is because it would be reasonable for him to appeal to the Valuation Tribunal.
The complaint
The complainant, who I will call Mr X, complains that the Council are pursuing him for a council tax debt for a property that he didn’t live in for a period when he was out of the country.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mr X’s complaint because it relates to his council tax liability. Mr X has the right to appeal against this to the Valuation Tribunal. The Valuation Tribunal is a free and easy service to use which deals with council tax liability. It would therefore be reasonable for him to do use this appeal right.
Final decision
We will not investigate Mr X’s complaint because it would be reasonable to expect him to appeal to the Valuation Tribunal if he disputes his council tax liability.
Investigator's decision on behalf of the Ombudsman