Middlesbrough Borough Council (23 015 431)
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 Council tax liability as any dispute can be appealed to a Valuation Tribunal.
The complaint
- Mr X says that the Council unreasonably holds him liable for Council tax on a property he formerly shared with his partner.
The Ombudsman’s role and powers
- 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 the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that he paid Council tax on a property he shared with an ex partner after he moved out. Although he says that he no longer pays for that property, he wants the Council to refund the payments made after he left.
- The Council advised him that he needs to send proof that he did not live there for that period,
- Any dispute about liability for Council tax can be appealed to a Valuation Tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
Investigator's decision on behalf of the Ombudsman