Summary: We will not investigate Ms X’s complaint about council tax liability. If Ms X disputes her liability for the debt, there is a right of appeal to a tribunal which it is reasonable for her to use. If Ms X is dissatisfied with the Council’s response to her information request, she can approach the Information Commissioner’s Office.

The complaint

1. Ms X complains the Council is pursuing her for a Council tax debt she does not owe. She also says the Council is refusing to provide her with information about payments made by her former housemate, which she believes cleared the debt. She wants the Council to clarify its payment process and stop pursuing her for the debt.

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 there is another body better placed to consider this complaint.

(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 the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X states her former housemate, Ms Y, settled a debt in 2024 on a council tax account on which they were jointly registered. She says the Council confirmed to Ms Y at the time that the account was closed. She says the Council is now saying the debt remains unpaid and she is liable, but has refused to provide her with the evidence to show that Ms Y’s payment in 2024 was made to a different council tax account held by Ms Y.
8. In its complaint response to Ms X, the Council acknowledged Ms Y did make a council tax payment in 2024 but said the payment was made to a different account held by Ms Y. It said the arrears on this account, for which they were both jointly and severally liable, remained unpaid.
9. The law says we cannot investigate a complaint if someone has a right of appeal to a tribunal about the same matter. The Valuation Tribunal is an independent body which considers disputes about council tax liability and can determine whether she is liable. If Ms X disputes her liability for the debt, it is reasonable for her to appeal to the Valuation Tribunal and so we cannot investigate this.
10. Ms X also says the Council has refused to provide her with evidence of where the payment Ms Y made was allocated. We will not investigate this. The Council has appropriately explained its position to Ms X and told her that it cannot share information with her about accounts on which she is not registered. If Ms X is dissatisfied with this response, she can approach the Information Commissioner’s Office (ICO). The ICO is the UK’s independent regulator for information rights and data protection and is better placed to consider a complaint about access to information.

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Final decision

11. We will not investigate Ms X’s complaint because is she disputes her liability for the council tax she can appeal to the Valuation Tribunal and the Information Commissioner’s Office is better placed to consider a complaint about access to information.

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Investigator's decision on behalf of the Ombudsman