Summary: We will not investigate this complaint about the Council’s failure to update information relating to Council tax as there is a right of appeal to a tribunal.

The complaint

1. Ms X says the Council failed to act on information she provided about her Council tax status which mean that she now has to pay increased Council tax over a short period.

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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)
3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X says that she told the Council that she had taken in a lodger but the Council failed to act on this information. As a result, the Council increased her Council tax several months later which meant that she could not budget properly to pay the increased Council tax. The Council has agreed to accept payments over a longer period.
7. The Council can exercise its discretion to write off the increased Council tax if it wishes. If it refuses then Ms X has the right of appeal to appeal to a tribunal. 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.

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Final decision

8. We will not investigate Ms X’s complaint because she can appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman