Summary: We will not investigate Mr B’s complaint that the Council has wrongly decided his council tax liability. This is because it is reasonable for Mr B to put in an appeal to the Valuation Tribunal.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council has wrongly made him liable for council tax for a property he owns. Mr B says his tenant is responsible for paying council tax for the property.

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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 Act 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)
4. 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

5. I considered information provided by Mr B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr B may put in an appeal to the Valuation Tribunal against the Council’s decision that he is liable for council tax for the property. It is the role of the Valuation Tribunal to decide such disputes and I find it is reasonable for Mr B to use the appeal process. It is not the role of the Ombudsman to provide an alternative right of appeal.

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Final decision

8. We will not investigate Mr B’s complaint because it is reasonable for him to put in an appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman