Summary: The Ombudsman will not investigate this complaint about council tax liability and an attachment of earnings. This is because it would be reasonable for Mr D to appeal to the Valuation Tribunal if he remains unhappy with the Council’s decision.

The complaint

1. Mr D says the Council has incorrectly made him liable for Council Tax and is wrongly deducting money from his wages to pay for Council Tax arrears. Mr D says this has made it difficult for him to manage his finances and added to his existing debts.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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

5. I have considered the complainant’s and the Council’s comments. I invited Mr D to comment on a draft of this decision.

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What I found

6. Mr D says the Council has incorrectly made him liable for Council Tax because they suspect he was living at his ex-wife’s address for a past period. Mr D says he was not living at the address and the Council have made him liable without evidence he was living at the property. Mr D says the Council is wrongly deducting money from his wages to pay for Council Tax arrears.
7. The Council says an investigation was carried out jointly with a third-party organisation and significant evidence was found to suggest Mr D was living at the property. The Council says Mr D was made jointly liable for Council Tax as a result.
8. Mr D complained to the Council about its decision to apply an attachment of earnings to his wages. The Council did not uphold the complaint.
9. If Mr D remains unhappy with the Council’s decision, he can appeal to the Valuation Tribunal. The Valuation Tribunal is an independent expert body and its decisions are binding on councils. The Valuation Tribunal is best placed to decide if Mr D is liable for Council Tax, so I am satisfied it is reasonable to expect Mr D to appeal to them.

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Final decision

10. The Ombudsman will not investigate this complaint because it would be reasonable for Mr D to appeal to the Valuation Tribunal if he remains unhappy with the Council’s decision.

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Investigator's decision on behalf of the Ombudsman