Colchester City Council (23 002 338)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 04 Jun 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about Mrs X’s council tax liability. It is reasonable for her to appeal to the Valuation Tribunal.

The complaint

  1. Mrs X complained the Council wrongly held her liable for council tax. Mrs X says she has been forced into further debt by the Council enforcing the arrears, and she has been threatened with arrest. She says these events have significantly affected her wellbeing and mental health. She wants the Council to cancel the debt and its associated enforcement fees, and to make service improvements.

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mrs X says the Council wrongly charged her council tax for a period during which she did not live in the property. She says it has caused her distress by pursuing her for payment, including threats of arrest.
  2. The Valuation Tribunal considers appeals about council tax liability. We normally require complainants to use their alternative means of remedy, and in this case I am satisfied it is suitable for Mrs X to do so. The tribunal is an independent body whose decisions are binding on the Council. We could not decide whether Mrs X is liable for the period and there is not a good reason for us to investigate instead.

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Final decision

  1. We will not investigate Mrs X’s complaint because it is reasonable for her to appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman

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