Gedling Borough Council (22 012 064)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 06 Feb 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax liability because he could appeal to a tribunal.
The complaint
- Mr X says that he was unfairly charged Council tax on two separate properties.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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 and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council says that Mr X was claiming to be the sole resident of two separate residences at the same time. The Council says that he can appeal any decision to hold him liable for Council tax on either property or against the loss of any sole occupancy discount.
- I am satisfied that Mr X has the right of appeal to a tribunal in this case. 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.
- Mr X also says that he was treated unfairly when he telephoned the Council to complain. The Ombudsman would not investigate a complaint about the complaints procedure if he were not to investigate the substantive complaint ie the Council tax liability. Nevertheless, I am satisfied that the Council’s response to his complaint was proportionate and not administrative fault.
Investigator's decision on behalf of the Ombudsman