The Ombudsman's final decision
Summary: We will not investigate this complaint about council tax liability. It is reasonable for Miss X to use her statutory right of appeal to the Valuation Tribunal.
The complaint
Miss X complained the Council decided she was liable for the council tax at the property where she lives, despite other tenants living there. She said the matter has caused her significant distress, and she wanted the Council to pursue the letting agency rather than her individually.
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
We will not usually investigate council tax liability complaints, because it is normally reasonable for the person to use their statutory right to appeal to the Valuation Tribunal. We cannot decide who is liable to pay council tax. The tribunal service is free and relatively straightforward, and its decisions are binding. There is not a good reason in this case for us to consider the matter instead.
Investigator's decision on behalf of the Ombudsman