Birmingham City Council (19 017 696)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 18 Mar 2020
The Ombudsman's final decision:
Summary: Ms X complains that the Council is holding her liable for Council Tax for a property she never lived in. The Ombudsman will not investigate this complaint because it is reasonable for Ms X to exercise her right of appeal to the Valuation Tribunal.
The complaint
- Ms X complains that the Council is holding her liable for Council Tax for a property she never lived in.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (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 the complaint and the documents provided by Ms X and the Council. I have written to Ms X with my draft decision and given her an opportunity to comment.
What I found
- In March 2018 Ms X completed a mutual exchange and signed up for the new property.
- However, Ms X decided she did not want to take up the tenancy and decided to leave the area. She says that she wrote to the Housing Association to tell them this and returned the keys via the previous tenant.
- Ms X says that in December 2019 she noticed a deduction from her benefits. When she enquired, she was advised that this was for unpaid Council Tax.
- Ms X contacted the Council and it confirmed that the debt was for Council Tax for the property she says she never lived in.
- Parliament set up the Valuation Tribunal to resolve disputes about liability for Council Tax. The Tribunal can determine liability, which the Ombudsman cannot, and is therefore the body best placed to consider this matter.
- It is reasonable for Ms X to appeal to the tribunal and therefore the Ombudsman will not investigate.
Final decision
- The Ombudsman will not investigate this complaint because it is reasonable for Ms X to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman