Broxbourne Borough Council (23 000 146)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 26 Apr 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about council tax. It is reasonable for Mr X to use his right of appeal to a tribunal.
The complaint
- Mr X complained the Council is holding him liable for council tax arrears accrued by his ex-wife at a jointly owned property. He says this means he will be nearly £1,000 out of pocket, and the matter has caused him distress. He wants the Council to hold his ex-wife liable instead.
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
- Mr X says he moved out of a property he shared with his ex-wife several years ago. He says she has since accrued council tax debt, which the Council is pursuing him for.
- The Valuation Tribunal Service deals with appeals about whether someone is liable for council tax. We would not usually consider complaints about this.
- The 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.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable for him to use his right of appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman