Havant Borough Council (23 005 071)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 30 Jul 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about liability for Council tax because he can appeal to a Valuation Tribunal.
The complaint
- Mr X complains that the Council is pursuing him for Council tax rather then his ex-partner who is also liable.
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 he is joint and severally liable for Council tax on a property but the Council has pursued him for the debt rather than his ex-wife.
- The Council says that they can pursue either or both where there is a joint and several liability. They have advised him to appeal to a Valuation Tribunal if he thinks that he should not be liable.
- Only a Valuation Tribunal can determine whether or not Mr X is liable for Council tax. 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.
Investigator's decision on behalf of the Ombudsman