The Ombudsman's final decision
Summary: We will not investigate this complaint about council tax liability. It would be reasonable for Mr G to lodge an appeal at the Valuation Tribunal.
The complaint
Mr G says he is being asked to pay for Council tax after his house mate moved out. However, he does not believe he should be paying any as he has been caring for his mother.
Mr G also says he has tried to speak to the Council about this and to complain. However, it has not responded and he would like the Council to repay him the overpayments he suspects he has made.
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
Mr G has the right to appeal against the council tax bill at the Valuation Tribunal.
The Valuation Tribunal is a free and easy to use service which deals with council tax disputes, so it would be reasonable for Mr G to use his appeal rights to resolve the question of council tax liability.
I accept Mr G’s comments about the Council’s failure to acknowledge his change of circumstances. However, the Council has already sent him demands for payment. As a result, the Valuation Tribunal is the best place for this to be resolved, and he can approach it direct rather than wait for the Council.
Final decision
We will not investigate Mr G’s complaint because it would be reasonable for him to appeal against the council tax bill at the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman