Summary: We will not investigate this complaint about council tax. This is because it is reasonable to expect Mr Y to appeal to the Valuation Tribunal.

The complaint

1. Mr Y complains the council is wrongly pursuing him for council tax which he is unable to pay. He says he has not received any help from the Council or support to pay the council tax.
2. Mr Y says the situation is causing him upset and he is worried about being taken to court for the unpaid council tax.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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

6. I considered the information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

7. Councils often have a scheme, commonly known as council tax support (CTS) which are a way of reducing a council tax bill for those on a low income. Eligibility for these schemes is means tested. Certain groups if their capital and income is low enough may receive a reduction that fully covers the council tax. This commonly includes pensioners.
8. Mr Y says the Council stopped providing him with CTS two years ago and as he is on a very low income, he has not been able to pay council tax since this date. Mr Y says he has now received summons to court for unpaid council tax. However, he says, without the council tax, he is unable to pay. Mr Y says he should be receiving CTS because of his low income and therefore he disputes his liability for the council tax.

Analysis

9. The Valuation Tribunal deals with appeals against decisions on council tax liability and CTS or reduction. Mr Y has a right to appeal to the Valuation Tribunal if he disputes his liability for council tax or if he wishes to challenge the Council’s decision not to provide CTS.
10. Appeals to the Valuation Tribunal are often free and the service can make reasonable adjustments such as providing disabled access to ensure access to individuals to ensure they can use their service. This can include in exceptional circumstance having hearings in a person’s home. I would therefore consider it reasonable to expect Mr Y despite his low income and disability to use his right of appeal to the Valuation Tribunal. Consequently, we will not investigate his complaint.

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Final decision

11. We will not investigate Mr Y’s complaint because Mr Y can reasonably be expected to appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman