Summary: We will not investigate Mr Y’s complaint the Council is holding Mr X liable to pay council tax on a property he owns and seeking to recover the debt. It is reasonable for Mr X to use or have used his right of appeal to the Valuation Tribunal.

The complaint

1. Mr Y complains for his son Mr X that the Council is unreasonably pursuing a council tax debt on a property he owns. Mr Y says the former tenants not Mr X are liable for the debt. Mr Y says Mr X is living at the property but is ill and on benefit. Mr Y says the Council should remove the debt or put the enforcement case on hold for 6 months to give the family time to challenge at court. He also says the family has sent information to the Valuation Tribunal.

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The Ombudsman’s role and powers

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

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How I considered this complaint

4. I considered information provided by Mr Y and the Council. The information includes the reminder bills and summons to court sent to Mr X. Also the Council’s emails explaining the position, requesting information, and advising Mr X of his appeal right to the Valuation Tribunal.

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My assessment

5. I will not investigate this complaint for the following reasons:
6. The complaint is outside the Ombudsman’s jurisdiction because there is an appeal right to the Valuation Tribunal (see paragraphs 2 and 3 above). The dispute is about Mr X’s liability to pay council tax over several years. The Council has explained its decision and the appeal right. It has provided a link to the Valuation Tribunal (emails 25 August and 22 October 2021 and 27 January 2022).
7. I consider it reasonable for Mr X (or Mr Y on his behalf) to use the right of appeal to the Valuation Tribunal. The Tribunal has the power to change the Council’s decision. Mr Y has had contact with the Tribunal for example by email on 23 January.
8. We cannot achieve the outcome Mr Y wants. The Council is entitled to pursue debt recovery and tells me it intends putting a charge on the property. The Magistrates Court granted the Council liability orders allowing it to recover the debt. The Council explained how Mr X could be involved in the hearing which was adjourned to provide the family with more time to provide evidence.

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Final decision

9. The Ombudsman will not investigate Mr Y’s complaint the Council is holding Mr X liable to pay council tax on a property he owns and is seeking to recover the debt. It is reasonable for Mr X to use or have used his right of appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman