Salford City Council (21 013 350)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 17 Jan 2022
The Ombudsman's final decision:
Summary: Mr X, a landlord, complains about council tax liability issues and misadvice by the Council. We will not investigate this complaint because there is a right of appeal to a Valuation Tribunal about any dispute as to liability.
The complaint
- Mr X, a landlord, complains about council tax liability issues and misadvice by the Council.
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.
- I considered the complainant’s comments on my draft decision.
My assessment
- Mr X says that he was told in 2021 he would receive a 50% discount for a property he let but then was told by the Council that this discount did not apply in his case.
- Further, he says that he was given wrong information by the Council as to his liability in November (after new tenants had moved in).
- Any dispute about council tax liability 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.
- If Mr X was given an incorrect bill then he could appeal to a Valuation Tribunal.
Final decision
- I do not intend to investigate this complaint because he could appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman