The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax liability because it can be appealed to a Valuation Tribunal.
The complaint
Ms X complains that the Council will not accept that another person lived at her property.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (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
Ms X says that another person lived at her property temporarily. She says that the Council will not accept this and it has affected her Council tax liability.
Any dispute about liability, discounts or exemptions from Council tax can be appealed to a Valuation Tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
Investigator's decision on behalf of the Ombudsman