The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax liability because there is a right of appeal to a valuation tribunal and can be investigated by the Housing Ombudsman.
The complaint
Ms X complains that the Council has unreasonably held her liable for Council tax on a property after she had left.
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
Ms X says that she was unable to return her keys on time to her Council house because of fault by the Council. She says that the Council has unfairly held her liable for Council tax for the period between her vacation of the property and the date she returned the keys.
Any dispute about liability for Council tax can be appealed to a valuation tribunal. The valuation tribunal is an independent body which can determine any disputes about liability, discounts or exemptions from Council tax. I see no reason why such an appeal could not be made in this case.
A complaint about the Council’s actions in relation to her tenancy contract is a matter which can be considered by the Housing Ombudsman and is out of our jurisdiction.
Final decision
We will not investigate Ms X’s complaint because there is a right of appeal to a valuation tribunal and is a matter for the Housing Ombudsman.
Investigator's decision on behalf of the Ombudsman