Richmondshire District Council (20 010 412)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 12 Oct 2021
The Ombudsman's final decision:
Summary: Ms X disputes the Council’s decision that her property is now liable for council tax. The Ombudsman will not investigate this complaint because she could appeal to a Valuation Tribunal.
The complaint
- Ms X disputes the Council’s decision that her property is now liable 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 an opportunity to comment on my draft decision.
My assessment
- Ms X says disputes the Council’s decision in October 2020 to consider her property complete for council tax purposes and therefore liable for council tax.
- Any dispute about council tax liability 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. I appreciate that she has health problems but this would be a matter for the Valuation Tribunal to decide if relevant.
Final decision
- I do not intend to investigate this complaint because there is a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman