Summary: We will not investigate this complaint about council tax liability because it is reasonable to expect Ms Y to appeal to the Valuation Tribunal.

The complaint

1. Ms Y complained the Council has continued to charge her council tax on a property she no longer owns or has access to, despite her providing evidence that the property has been transferred out of her name.
2. Ms Y says this has caused her significant upset and worry as she cannot afford to pay council tax on two properties following her divorce.

Back to top

The Ombudsman’s role and powers

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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

Back to top

How I considered this complaint

5. I considered information Ms Y provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Ms Y previously owned a property in the Council’s area. However, the property ownership was transferred into her ex-husband’s name as part of her divorce settlement. Ms Y says the Council has asked her to pay council tax on the property for two years, during the divorce process and continues to say she is liable for the council tax on the property now. This is despite her having provided documentation and her ex-husband’s name, showing that the property is now in his name alone and she no longer owns it.

Analysis

7. Ms Y is saying she should not be held liable for the payment of council tax at the property and is seeking to challenge any charge. If Ms Y wishes to challenge her liability to pay council tax, she can approach the Valuation Tribunal.
8. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. This is usually free and reasonable adjustments can be made where necessary for access to the tribunal’s service.
9. Consequently, it is reasonable to expect Ms Y to use this right to appeal to the Valuation Tribunal if she wishes to dispute the council tax bill. Therefore, we will not investigate this complaint.

Back to top

Final decision

10. We will not investigate Ms Y’s complaint because it is reasonable to expect her to appeal to the Valuation Tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman