Newcastle upon Tyne City Council (23 009 805)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 15 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council holding Ms X liable for a council tax bill from 2019. It is reasonable for her to use her right of appeal to the Valuation Tribunal.
The complaint
- Ms X complained the Council sent her a council tax bill for a period in 2019 which she should not be liable for. She says the Council has employed a debt collector. She wants the Council to amend its records to show she did not live in the property in question at the relevant time.
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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says she received a bill for a period in 2019, for a property she no longer lived in. She says someone else should be liable for the bill. She contacted the Council, and it rejected her appeal.
- Ms X has the right to appeal this decision to the Valuation Tribunal. The tribunal is an independent body with the power to cancel the bill should it accept Ms X’s appeal. It is reasonable for her to appeal to the tribunal, and there is not a good reason for the Ombudsman to consider the matter instead.
Final decision
- We will not investigate Ms X’s complaint because it is reasonable for her to use her right of appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman