Summary: We will not investigate this complaint about the Council’s decision to pursue Mr X for liability of an outstanding council tax. This is because Mr X has right of appeal to the Valuation Tribunal.

The complaint

1. Mr X complains the Council has repeatedly pursued him for Council tax despite his tenant claiming liability.

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The Ombudsman’s role and powers

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

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How I considered this complaint

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

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My assessment

7. Mr X says he has been complaining to the Council for some time regarding this complaint. He says he has visited the Council’s offices in person along with his tenant to inform it his tenant is liable for paying council tax, but the Council has refused to stop pursuing him for payment of the outstanding charges.
8. Mr X wants us to find the Council at fault. The Ombudsman is not an appeals body and as the complaint concerns liability for council tax, this is a matter for the Valuation tribunal. It is open to Mr X to contact the tribunal with the details of this complaint if the issue persists.

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Final decision

9. We will not investigate Mr X’s complaint because Mr X has right of appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman