Summary: We will not investigate this complaint about Council tax because there is no evidence of fault by the Council and there is a right of appeal to a Valuation Tribunal.

The complaint

1. Ms X complains that she received incorrect advice from the Council about her Council tax liability.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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)
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Ms X says that she wrote to the Council in July 2022 to say that she’d bought a property in the area but was making repairs before moving in. The Council replied that she should advise them when she moved into the property.
8. She moved into the property in November 2022 but found that she had been charged Council tax from the date of purchase. She says the Council apologised for the lack of information in their response but say she is nevertheless liable.
9. 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.
10. I am not persuaded that the Council’s response to Ms X’s initial enquiry implied that no Council tax was payable. Further, I am not persuaded that Ms X would have acted differently had she been told of the liability ie the Council tax would still have had to be paid.

Back to top

Final decision

11. We will not investigate Ms X’s complaint because there is no evidence of fault and there is a right of appeal to a Valuation Tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman