Peterborough City Council (24 014 254)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 09 Dec 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about council tax liability because the complainant can use his appeal rights.
The complaint
- The complainant, Mr X, says he is not liable for council tax as stated in his tenancy agreement.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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.
How I considered this complaint
- I considered information provided by Mr X and the Council. This includes an update from the Council. I also considered our Assessment Code.
My assessment
- Mr X contacted the Council to say his landlord would pay the council tax and he is not liable as stated in his tenancy agreement. The Council explained why he is liable to pay. The Council says Mr X did not contact the Council again and did not query the response. The Council thought Mr X had accepted the explanation. The Council says it would have treated any further contact from Mr X as an appeal.
- I will not start an investigation because Mr X can use his appeal rights. He can contact the Council again and say he wants to appeal against the decision that he is liable for the council tax. Mr X can then appeal to the Valuation Tribunal if he disagrees with the appeal reply from the Council. It is reasonable to expect Mr X to appeal because the Valuation Tribunal is the appropriate body to consider appeals about council tax liability.
Final decision
- We will not investigate this complaint because Mr X can use his appeal rights.
Investigator's decision on behalf of the Ombudsman