Maidstone Borough Council (19 017 749)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 04 Mar 2020
The Ombudsman's final decision:
Summary: Ms X complains that the Council has held her liable for Council tax on a property. The Ombudsman will not investigate this complaint because this could be appealed to a Valuation Tribunal. Any question of bankruptcy and liability is a matter for the courts
The complaint
- Ms X complains that the Council has held her liable for Council tax on a property.
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 have considered the comments of the complainant and the Council and the complainant has had an opportunity to comment on the draft decision.,
What I found
- The Council says that Ms X owes Council tax of £14,000 dating back to 2011. Ms X contests this liability and say that the matter is covered by bankruptcy proceedings.
- Amy dispute about liability for Council tax is a matter which could be appealed to a Valuation Tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would have been reasonable to pursue an appeal in this case. Any question that the bill cannot be enforced due to bankruptcy is a matter for the courts.
Final decision
- I will not investigate this complaint because this is a matter for the Valuation Tribunal and the courts.
Investigator's decision on behalf of the Ombudsman