The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s alleged failure to update its records with Mr X’s correct address and return council tax payments he has made. This is because Mr X has right of appeal to the Valuation Tribunal if he disputes liability; it would be reasonable for him to use it.
The complaint
Mr X complained the Council has failed to take account of information he has provided showing he is not liable for council tax at the address listed on the Council’s records.
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained that the Council listed his address incorrectly and is holding him liable for council tax he does not owe.
Mr X said he has provided the Council with his tenancy agreement, but this has not solved the issue and the Council has now referred his complaint to its debt collections department.
The Ombudsman will not usually investigate a complaint where the complainant has right of appeal to a tribunal and it would be reasonable for them to use it. The Valuation Tribunal was set up to make findings on cases of disputed council tax liability and is better placed to look into this matter. It is therefore open to Mr X to refer his complaint to the Valuation Tribunal if he remains unhappy with the Council’s actions.
Final decision
We will not investigate Mr X’s complaint because he has right of appeal to the Valuation Tribunal if he disputes liability; it would be reasonable for him to use it.
Investigator's decision on behalf of the Ombudsman