Epping Forest District Council (22 003 321)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 23 Jun 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about council tax liability because it is reasonable to expect Mrs Y to appeal to the Valuation Tribunal.
The complaint
- Mrs Y complains the Council is charging her for council tax when she is not liable. She says the problem has caused her inconvenience and worry.
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.
How I considered this complaint
- I considered information Mrs Y provided and the Ombudsman’s Assessment Code.
My assessment
- The Council sent Mrs Y council tax bills in July and November 2021. It sent reminders for payment in January and February 2022, before a summons was issued in February. Mrs Y approached us in June.
- The Valuation Tribunal deals with appeals against decisions on council tax liability. Mrs Y has a right to appeal to the Tribunal.
- The Tribunal is often free and it can make reasonable adjustments for access to the service. Mrs Y has not provided any reason why it is not reasonable to expect her to appeal.
- As explained in paragraph two, as it is reasonable to expect Mrs Y to use her right to appeal to the Valuation Tribunal, we will not investigate this complaint.
Final decision
- We will not investigate Mrs Y’s complaint because it is reasonable to expect Mrs Y to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman