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

  1. Mr X says that the Council unreasonably holds him liable for Council tax on a property he formerly shared with his partner.

Back to top

The Ombudsman’s role and powers

  1. 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)
  2. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

Back to top

How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

  1. 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.
  2. The Council advised him that he needs to send proof that he did not live there for that period,
  3. 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.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings