London Borough of Ealing (23 014 210)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 18 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an unpaid Council tax debt Mr X says he is not liable for. This is because he has right of appeal at the Valuation Tribunal and it would be reasonable for him to use it.
The complaint
- Mr X complained the Council is pursuing him for an unpaid council tax debt he is not liable for.
The Ombudsman’s role and powers
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:
- there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X moved out of his previous property in 2020.
- In July 2023 he complained to the Council after receiving an enforcement notice citing three weeks’ outstanding council tax fees in his name. Mr X said it took the Council two and a half months to respond to him and it send reminder notices to his previous address.
- The Council told Mr X it spoke with his previous landlord, and he remained liable for the council tax at the property until his tenancy expired. The Council said that as Mr X did not provide a forwarding address, it had sent the reminder notices to his previous property.
- Mr X is unhappy with the situation and wants us to find it at fault. The Ombudsman does not determine whether a complainant is liable for council tax; this is a job for the Valuation Tribunal. It is open to Mr X to refer this matter to the Tribunal if he maintains he is not liable for the council tax owed.
Final decision
- We will not investigate Mr X’s complaint because he has right of appeal at the Valuation Tribunal and it would be reasonable for him to use it.
Investigator's decision on behalf of the Ombudsman