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
- The complainant, whom I shall call Mr X, complains about a council tax bill for a property he owns.
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 or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), 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 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.
What I found
- 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.
- 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.
- 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.
Final decision
- 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.
Investigator's decision on behalf of the Ombudsman