London Borough of Croydon (21 002 489)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 05 Jul 2021
The Ombudsman's final decision:
Summary: Ms X complains about her liability for council tax. The Ombudsman will not investigate this complaint because she can appeal to a Valuation Tribunal.
The complaint
- Ms X complains about her 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 have considered the comments of the complainant and the Council’s responses to the complaint. The complainant had had an opportunity to comment on the draft decision.
What I found
- Ms X says that she received a summons from the Council for non payment of council tax. She says that she refuses to pay until the Council explains when the property was converted and approved for licencing.
- Any dispute about liability for council tax 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.
- The Valuation Tribunal advises tax payers to pay the council tax whilst awaiting the outcome of their appeal.
Final decision
- I do not intend to investigate this complaint because she has a right of appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman