Summary: We will not investigate this complaint about Mr X’s liability to pay historic council tax for a property he previously owned. It is reasonable for him to use his right of appeal to the Valuation Tribunal.

The complaint

1. Mr X complained the Council failed to act on information he provided several years ago, leading to it chasing him for historic council tax that he says he should not be liable for. Mr X says the events have caused him significant distress and has impacted his partner’s health. He wants the Council to write off the outstanding arrears.

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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.

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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. Mr X was previously a landlord at the property the complaint relates to. The Council contacted him at the time about council tax. Mr X says he submitted an appeal but the Council did not respond. He says the Council accepts it failed to act on his appeal and has now advised him to appeal to the Valuation Tribunal.
7. The Valuation Tribunal is an independent expert body whose decisions are binding on the Council. It would be reasonable to make an appeal to the tribunal in this case. We cannot decide whether Mr X is liable for the council tax arrears.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman