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

  1. Mr X complains about the Council’s decision regarding liability for council tax on a property.

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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. I considered the complainant’s comments on my draft decision.

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My assessment

  1. 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).
  2. 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.

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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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