Summary: The Ombudsman will not investigate Miss B’s complaint that the Council is at fault in pursuing her for council tax for which she is not liable. This is because it would be reasonable for Miss B to use her right to appeal to the Valuation Tribunal.

The complaint

1. The complainant, who I will refer to as Miss B, complains that the Council is at fault in pursuing her for council tax for which she is not liable.

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The Ombudsman’s role and powers

2. 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)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

4. I have considered what Miss B has said in support of her complaint.

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What I found

5. Miss B complains that the Council is pursuing her for council tax for which she is not liable. She says she has received bills for periods in 2018 when council tax reductions should have been applied and in 2019 after she had left the property in question. She wants the Council to void her liability for these periods.
6. The Ombudsman will not investigate Miss B’s complaint because she has the right to appeal to a tribunal. The Valuation Tribunal considers complaints about council tax disputes. Where appeal rights exist, the Ombudsman expects them to be used. It would be reasonable for Miss B to use her right to appeal and the Ombudsman will not intervene.

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Final decision

7. The Ombudsman will not investigate this complaint. This is because it would be reasonable for Miss B to use her right to appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman