North Northamptonshire Council (21 000 040)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 19 Sep 2021
The Ombudsman's final decision:
Summary: Ms X disputes her liability for Council tax and the amount she has to pay. We will not investigate this complaint because there is a right of appeal to a Valuation Tribunal and banding disputes are out of jurisdiction.
The complaint
- Ms X disputes her liability for Council tax and the amount she has to pay.
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.
- We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Valuation Office Agency. (Local Government Act 1974, sections 25 and 34A, as amended)
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 she does not understand why she has to pay Council tax in addition to her rent on her property.
- 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.
- Any dispute about Council tax banding is for the Valuation Office Agency which is not a body within our jurisdiction.
Final decision
- We will not investigate this complaint because there is a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman