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

  1. Ms X disputes the Council’s decision that her property is now liable for council tax.

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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 considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.
  3. The complainant had an opportunity to comment on my draft decision.

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My assessment

  1. 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.
  2. 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.

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Final decision

  1. I do not intend to investigate this complaint because there is a right of appeal to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman

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