Worthing Borough Council (19 017 392)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 27 Feb 2020

The Ombudsman's final decision:

Summary: The Ombudsman cannot investigate Mr X’s complaint about a council tax bill for a property he owns. This is because Mr X has appealed to the Valuation Tribunal and so the complaint is outside our jurisdiction.

The complaint

  1. The complainant, whom I shall call Mr X, complains about a council tax bill for a property he owns.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), 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

  1. I considered Mr X’s complaint to the Ombudsman and the information he provided. I gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

  1. Mr X is in dispute with the Council about a council tax bill for a property he owns. There is a two-week period when the Council says Mr X is liable for council tax. Mr X disagrees with the Council.
  2. The Valuation Tribunal is the expert, impartial body, set up by Parliament, for members of the public to challenge decisions about their council tax. When there is a right of appeal to a tribunal, the Ombudsman normally expects a person to use that right, unless it is unreasonable for them to do so.
  3. Because Mr X has appealed to the Tribunal, the exception at paragraph 3 applies to his complaint. The Ombudsman cannot consider Mr X’s complaint. The Tribunal will decide if Mr X is liable for the council tax at the heart of his complaint.

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Final decision

  1. The Ombudsman cannot investigate Mr X’s complaint. This is because Mr X has appealed to the Valuation Tribunal and so the complaint is outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman

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