The Ombudsman's final decision
Summary: We will not investigate this complaint about council tax because it is reasonable for Miss Y to approach the Valuation Tribunal to challenge her liability for council tax.
The complaint
Miss Y complained the Council has pursued her for council tax which she says she has told it she is not liable for.
Miss Y says she feels the chasing the Council has been doing has been hurtful and malicious.
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 Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
Miss Y disputes her liability for council tax. She says she has tried to politely liaise with staff at the Council to explain she is not liable for the council tax but says she has continued to receive correspondence requesting payment.
The Valuation Tribunal deals with appeals against decisions on council tax liability.
This is often free and reasonable adjustments can be made where necessary for access to the tribunal’s service.
Consequently, it is reasonable to expect Miss Y to use this right to appeal to the Valuation Tribunal if she wishes to dispute the Council’s decision that she is liable for council tax. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Miss Y’s complaint because it is reasonable for Miss Y to approach the Valuation Tribunal to challenge her liability for council tax.
Investigator's decision on behalf of the Ombudsman