Wakefield City Council (20 006 732)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 23 Nov 2020

The Ombudsman's final decision:

Summary: Mr X complains about the Council’s decision to hold him liable for council tax. The Ombudsman will not investigate this complaint because he appealed to a Valuation Tribunal and the matters are out of time.

The complaint

  1. Mr X complains about the Council’s decision to hold him liable for council tax.

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The Ombudsman’s role and powers

  1. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
  2. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), 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 have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.

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What I found

  1. Mr X disputed Council decision relating to council tax liability between 2015 and 2017. He appealed to a Valuation Tribunal about them.
  2. The tribunal is an expert body and their decisions are binding on the Council. Mr X appealed to the Valuation Tribunal ad the Ombudsman cannot investigate these matters. Further, I see no reason why these matters could not have been the subject of a complaint to this office within 12 months of the issues arising.

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Final decision

  1. I do not intend to investigate this complaint because he appealed to a Valuation Tribunal and the matters are out of time.

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Investigator's decision on behalf of the Ombudsman

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