Tameside Metropolitan Borough Council (22 001 516)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 15 May 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the alleged failure by the Council to check all the evidence showing the complainant was not liable for Council tax. It would be reasonable for Ms K to appeal against the bill at the Valuation Tribunal. We also cannot investigate a matter that has been considered in court.
The complaint
- Ms K says the Council failed to fully check all the evidence showing when she left her former home in 2015. As a result, the Council has made a claim in court for council tax for a time when Ms K says her landlord should have been responsible.
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.
- We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- This complaint is about a council tax dispute.
- Ms K has a right of appeal to the Valuation Tribunal.
- The Valuation Tribunal is a free and easy service that deals with council tax disputes.
- Therefore, it would be reasonable for Ms K to appeal against the bill at the Valuation tribunal.
- The matter has also been considered in court. The Ombudsman cannot investigate the part of the complaint about the Council taking recovery action.
Final decision
- We will not investigate Ms K’s complaint because it would be reasonable for her to have appealed against the original bill at the Valuation Tribunal. We cannot investigate whether Ms K should be liable for the council tax as that has been considered in court.
Investigator's decision on behalf of the Ombudsman