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
- Mr X complains that the Council has held him liable for council tax on a previous 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
- 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.
- 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.
Final decision
- I do not intend to investigate this complaint because this could be appealed to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman