The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint the Council pursued him for overdue council tax and not another person who is jointly liable. This is because Mr X has the right of appeal to the Valuations Tribunal and because there is insufficient evidence of fault.
The complaint
Mr X complains the Council pursued him for overdue council tax. Mr X also complains about the Council not pursuing the overdue council tax from another person who is jointly liable.
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.
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 co-owns a property with another person. He does not live at the property. The Council has pursued him for council tax charges for the property. Mr X considers the Council should pursue the other co-owner of the property.
We are not likely to find fault with the Council decision to pursue him for the outstanding council tax, rather than the joint owner of the property. This is because the law sets out a hierarchy of liability and the owner of a property is liable if there is no resident. Where there are two or more people that fall into the same category on the hierarchy, such as where they are two or more owners of a property, they are jointly and severally liable for council tax.
Therefore, as Mr X owns the property with another person, they are both jointly and severally liable for council tax. The Council is therefore allowed to decide who to pursue for any outstanding council tax.
If Mr X disputes his liability for council tax for the property, it is reasonable for him to make an appeal to the Valuation Tribunal.
Final decision
We will not investigate Mr X’s complaint because he can appeal to the Valuations Tribunal and because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman