Summary: We will not investigate Mrs X’s complaint about council tax liability because there is a right of appeal to a Valuation Tribunal. It is reasonable to expect her to use her appeal rights.

The complaint

1. Mrs X complains that she had to pay council tax because the Council incorrectly billed the property as a House in Multiple Occupation (HMO). She says the property has tenants with valid student exemptions.
2. Mrs X requests a refund of what she has paid. She would also like the Council to stop billing the property as a HMO because she has already submitted the relevant information.
3. Mrs X also complains about poor communication from the Council, including long wait times on the phone and unclear guidance from officers.

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The Ombudsman’s role and powers

4. 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)
5. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
6. 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 not enough evidence of fault to justify investigating, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

7. I considered information provided by Mrs X and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mrs X complains that she should not be liable for council tax for the property because it is not a HMO as it has tenants. She says she has sent the relevant information to the Council and would also like a refund.
10. Any dispute about council tax liability, including whether a property is a HMO or student exemptions, can be appealed to the Valuation Tribunal. The tribunal is an independent body which can determine any dispute about such decisions. It is reasonable to expect Mrs X to use her appeal rights and so we will not investigate this part of the complaint.
11. Mrs X complained of poor communication and customer service. However, there is not enough evidence of significant fault to warrant a further investigation into this part of her complaint.

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Final decision

12. We will not investigate Mrs X’s complaint because she can appeal to the Valuation Tribunal in respect of her council tax liability. We have not found enough evidence of significant fault to justify investigating the other part of her complaint.

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Investigator's decision on behalf of the Ombudsman