North Warwickshire Borough Council (21 010 793)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 29 Nov 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council incorrectly considers that the complainant is liable for council tax. This is because the complainant could appeal to the Valuation Tribunal.
The complaint
- The complainant, who I will call Miss X, complains that the Council insists that she is liable for a council tax bill. She says she was never given the opportunity to add her ex-partner to the bill.
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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X disputes that she is liable for a council tax bill. She says that when her ex-partner moved into her property, she was unable to add him to the bill.
- Any dispute about council tax liability can be appealed to the Valuation Tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable for Miss X to pursue an appeal in this case.
Final decision
- We will not investigate Miss X’s complaint because she can appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman