Peterborough City Council (23 003 332)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 25 Jun 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax liability because there is a right of appeal to a Valuation Tribunal.
The complaint
- Mr X complains that the Council made errors in the liability for a property he rents out.
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)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that the Council has repeatedly erred in assigning Council tax liability for a property he lets out.
- The Council has amended the dates and apologised for its errors.
- Any dispute about liability for Council can be appealed to a Valuation Tribunal. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
- I appreciate that Mr X has suffered time and trouble in pursuing his complaint but, as a right of appeal exists, the Ombudsman would not investigate this complaint.
Final decision
- We will not investigate Mr X’s complaint because there isa right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman