The Ombudsman's final decision
Summary: We cannot investigate this complaint about how the Council considered Mr X’s liability for council tax. Mr X has appealed to the Valuation Tribunal and so the law says we cannot investigate.
The complaint
Mr X complains the Council failed to properly investigate or consider evidence he submitted in a council tax liability dispute.
Mr X says the matter caused him significant distress.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (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.
Final decision
We cannot investigate Mr X’s complaint because he has appealed to the Valuation Tribunal and therefore the law says we cannot investigate. There is no part of Mr X’s complaint which is separable for us to consider.
Investigator's decision on behalf of the Ombudsman