Summary: We will not investigate this complaint about Mr X’s council tax liability. It is reasonable for him to use his right of appeal to the tribunal.

The complaint

1. Mr X complained the Council held him liable for council tax when his tenant moved out his property without telling him. Mr X says this has caused him significant distress, and he wants the Council to pursue the tenant for the outstanding council tax instead of him.

Back to top

The Ombudsman’s role and powers

2. 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)

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The Valuation Tribunal Service deals with appeals about whether someone is liable for council tax. The tribunal is an independent expert body whose decisions are binding on the Council. There is not a wider complaint within our jurisdiction or another reason for us to consider this complaint instead of the tribunal, and it would be reasonable to make an appeal to the tribunal in this case.

Back to top

Final decision

6. We will not investigate Mr X’s complaint because it is reasonable for him to use his right of appeal to the Valuation Tribunal service.

Back to top

Investigator's decision on behalf of the Ombudsman