Summary: We will not investigate Miss X’s complaint about council tax liability and related issues. This is because she had the right to appeal to the Valuation Tribunal, and it is reasonable to expect her to have used it.

The complaint

1. In short, Miss X complains about
• the amount of council tax she has been held liable for; and, about
• the council taking money out of her wages while she was appealing.

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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. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

5. I considered the information provided by Miss X. I also considered the Ombudsman’s Assessment Code.

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My assessment

Council Tax liability

6. Miss X disputes the Council’s decision about the amount of council tax she is liable for. The Valuation Tribunal can decide on those matters. It was reasonable to expect Miss X to appeal when she had the right. We normally expect people to use their appeal rights because this is the route the law provides for such disputes.

The Council taking money from her while she was appealing and arranging a payment plan

7. This refers to ongoing actions which are at present premature under our procedures as outlined in paragraph four
8. We see no good reason to investigate before the Council has had reasonable opportunity to deal with it. So, if Miss X wants to pursue this, she should take it through the Council’s complaint procedure first.

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Final decision

9. I will not investigate Miss X’s complaint about her council tax liability because she had the right to appeal to the Valuation Tribunal, and it is reasonable to expect her to have used it. The Council has not had a reasonable opportunity to consider the complaint about her request for a payment plan.

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Investigator's decision on behalf of the Ombudsman