London Borough of Barking & Dagenham (23 014 912)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 30 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s alleged failure to charge Mrs X the correct amount of council tax. This is because she has right of appeal to the valuation tribunal and it would be reasonable for her to use it.
The complaint
- Mrs X complained the Council has charged her council tax for a period she was not living at the property concerned.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (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 Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X complained to the Council that it had charged her council tax for a period she was not occupying the property in question. She also provided evidence in support of her complaint.
- The Council initially told Mrs X it had received information indicating she had moved into the property earlier than the date she had given. However, the Council later revised this position and upheld her complaint.
- Mrs X has brought the complaint to the Ombudsman as she is unhappy with the Council’s actions. The Ombudsman is not an appeal body and does not make decisions concerning council tax liability. This is the role of the Valuation Tribunal. It is open to Mrs X to refer this matter to the Tribunal if she remains unhappy with the Council’s calculation of her council tax.
Final decision
- We will not investigate Mrs X’s complaint because she has right of appeal to the Valuation Tribunal and it would be reasonable for her to use it.
Investigator's decision on behalf of the Ombudsman