Summary: We will not investigate this complaint about Council tax payments and liability because the matter has been remedied and there was a right of appeal to a Valuation Tribunal.

The complaint

1. Mr X complains that the Council unreasonably sent him and his partner Council tax bills for a property tenanted by another person.

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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’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

7. Mr X says that the Council sent his partner Council tax bills for a property which had been rented out to another person. He says that he suffered time and trouble in pursuing the complaint.
8. The Council says that bills were sent to his partner as her name was registered first in the Council tax account for the property. They say that there was doubt as to the date when the tenant had left the property and so they wrote to Mr and Ms X to clarify whether they were liable for the period in question. Mr X replied with the evidence the Council needed to confirm the dates of liability. Mr X says that the Council should first have contacted the Land Registry to identify the owner. I am satisfied that the Council was entitled to assume liability lay with the owner in the absence of any evidence to prove otherwise. The Council confirms that the liability for the property is now properly identified.
9. I am satisfied that the Council’s correspondence with Mr X was not fault as they needed to clarify the liable person for the period in question. Any dispute about liability for Council tax was a matter for the Valuation Tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.

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Final decision

10. We will not investigate Mr X’s complaint because there was a right of appeal to Valuation Tribunal and the matter has been remedied.

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Investigator's decision on behalf of the Ombudsman