Royal Borough of Kensington & Chelsea (20 008 930)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 20 Sep 2021
The Ombudsman's final decision:
Summary: Mr X disputes his liability for Council tax. We will not investigate this complaint because this can be appealed to a Valuation Tribunal.
The complaint
- Mr X disputes his liability for Council tax.
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 considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- The complainant had the opportunity to comment on my draft decision. My assessment
- Mr X says that the Council has held him liable for Council tax on a property he rents.
- Any dispute about liability for Council tax can be appealed to a Valuation Tribunal. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
- Mr X also refers to data breaches by the Council. The Information Commissioner’s Office is the appropriate body to deal with such complaints.
Final decision
- I will not investigate this complaint because Mr X can appeal to a Valuation Tribunal and make a separate complaint to the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman