The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s pursuit of Ms X for unpaid council tax. This is because she has right of appeal to the Valuation Tribunal; it would be reasonable for her to use it.
The complaint
Ms X complained the Council is pursuing her for unpaid council tax for a property she does not own and has not lived in.
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 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 Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained the Council has been pursuing her for unpaid council tax relating to a property she once viewed in 2019 but did not live in.
Ms X says she has supplied the Council with a copy of her tenancy agreement to show she is not liable, but the Council has not ceased debt collection activity.
In response to Ms X’s complaint the Council told Ms X it received information from a landlord indicating she is liable for the council tax and it will not agree to waive the debt.
The Ombudsman will not usually investigate complaints where the complainant has right of appeal to a tribunal. In this case, the Valuation Tribunal was set up to determine liability regarding council tax. It is therefore open to Ms X to refer this matter to the tribunal if she maintains she does not owe the disputed amount.
Final decision
We will not investigate Ms X’s complaint because she has right of appeal to the Valuation Tribunal; it would be reasonable for her to use it.
Investigator's decision on behalf of the Ombudsman