City of Doncaster Council (21 012 294)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 20 Dec 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the complainants liability for council tax. This is because the complainant can appeal to the Valuation Tribunal.
The complaint
- The complainant, who I will call Mr X, complains that the Council are pursuing him for a council tax debt he is not liable for. He says the Council has failed to provide him with an adequate service and therefore he does not owe any council tax.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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
- Mr X says he is not liable to pay council tax, because the Council has failed to provide an adequate service. He says the Council have failed to provide him with a bin and failed to issue his home with a valid address.
- I will not investigate this complaint. 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.
- If Mr X considers the Council have failed to provide him with an adequate service he can complain about these matters separately. If dissatisfied with the Council’s responses he can ask the Ombudsman to investigate.
Final decision
- We will not investigate Mr X’s complaint because he can appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman