Plymouth City Council (19 019 249)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 23 Mar 2020

The Ombudsman's final decision:

Summary: Mr X complains that the Council has held him liable for council tax on a previous property. The Ombudsman will not investigate this complaint because he could appeal to a Valuation Tribunal.

The complaint

  1. Mr X complains that the Council has held him liable for council tax on a previous property.

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The Ombudsman’s role and powers

  1. 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)
  2. 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 have considered the comments of the complainant and the Council and the complainant has had an opportunity to comment on the draft decision.,

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What I found

  1. Mr X says that he was held liable for council tax on a property after he left it to move to a different property. He says the Council obtained a Liability Order against him.
  2. Any dispute about liability for council tax can 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 be reasonable to pursue an appeal in this case.

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Final decision

  1. I do not intend to investigate this complaint because this could be appealed to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman

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