Summary: We will not investigate this complaint about Mrs X’s liability to pay council tax. It is reasonable for her to use her right to appeal via the Council and then the Valuation Tribunal.

The complaint

1. Mrs X complained the Council chased her for council tax debt that was owed by someone who has died. She says the Council has chased her for historical debts and sent enforcement agents to her address despite her moving to try and escape their victimisation. She says the Council also did not make her aware of court proceedings, denying her the right to a fair trial. She says this has impacted her financially and caused her distress, and she wants the Council to waive previous years’ debt.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
3. 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)

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How I considered this complaint

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

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My assessment

6. Mrs X says she is not solely liable for a council tax debt the Council has been chasing her for. She says the other person who was also liable has died and she should not be held liable. She has moved properties to try and escape what she feels is a vendetta against her by the Council. However, it has since sent enforcement agents to her new property.
7. We cannot investigate the Council’s decisions to begin court proceedings or its actions in relation to that.
8. Mrs X has a right of appeal to the Council and then the Valuation Tribunal for disputes about liability to pay council tax. There is not a good reason for us to consider this complaint instead. As the debt includes previous years’ liability, it is open to Mrs X to ask the Tribunal to consider an out-of-time application.

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Final decision

9. We will not investigate Mrs X’s complaint because she has the right of appeal to the Council then the Valuation Tribunal regarding her liability to pay council tax.

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Investigator's decision on behalf of the Ombudsman