Basildon Borough Council (22 016 178)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 10 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Mr X’s liability to pay council tax.
The complaint
- Mr X complained the Council chased him for council tax he says he should not owe. It has involved courts and enforcement agents unnecessarily. He says this has caused him significant distress. He wants the Council to return money to him and apologise.
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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Valuation Tribunal is an independent expert body whose decisions are binding on the Council. Mr X has the right to appeal to the Valuation Tribunal about decisions that he is liable to pay council tax. It would be reasonable to make an appeal to the tribunal in this case as we cannot decide whether Mr X is liable.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable for him to use his right of appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman