Summary: We will not investigate this complaint about the Council’s decision that Miss X is liable for council tax. This is because Miss X can be reasonably expected to appeal to the Valuation Tribunal.

The complaint

1. Miss X complains about the Council’s request for her to pay council tax. Miss X says the property is a house in multiple occupation (HMO) so she is not solely responsible for paying the council tax.
2. Miss X says this has caused her distress and she would like the Council to amend its records and waive the payments.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
5. 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

6. I considered information provided by Miss X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council says the property in question is not a HMO so council tax is payable. As Miss X disputes the Council’s decision, it is reasonable to expect her to appeal to the specialist Valuation Tribunal which decides complaints about council tax liability.

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Final decision

9. We will not investigate Miss X’s complaint because it is reasonable to expect her to appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman