Westminster City Council (21 010 223)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 23 Nov 2021
The Ombudsman's final decision:
Summary: Mr X complains about the Council’s decision regarding liability for council tax on a property. We will not investigate this complaint because there is a right of appeal to a Valuation Tribunal for a remedy.
The complaint
- Mr X complains about the Council’s decision regarding liability for council tax on a property.
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.
- I considered the complainant’s comments on my draft decision.
My assessment
- Mr X says that the Council should not have accepted a statement from another person as to liability for a property (where he is the tenant).
- 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.
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