Summary: We will not investigate this complaint about the Council charging Ms X for council tax. This is because there is a right of appeal to a tribunal.

The complaint

1. Ms X complains the Council:
• Wrongly says she is liable for council tax; and
• Staff conducted themselves poorly during an inspection.

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The Ombudsman’s role and powers

2. 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)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. 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 we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X says a third party is liable for council tax, however the Council disagrees. I will not investigate because it is reasonable for Ms X to use her right of appeal to the Valuation Tribunal.
8. The Council investigated Ms X’s complaint about the conduct of its staff member during an inspection. The staff member denies the allegation of poor conduct and its inspection records do not detail the conduct described by Ms X. As it is one person’s word against the other as to what happened, there is nothing further we could add to this investigation.

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Final decision

9. We will not investigate Ms X’s complaint because she can use her right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman