Summary: We cannot investigate Miss D’s complaint about the Council’s handling of her council tax liability. This is because Miss D put in an appeal to the Valuation Tribunal.

The complaint

1. Miss D complains the Council used the wrong date for deciding her liability for council tax. Miss D says the Council repeatedly asked for documents she had provided, did not assess the terms of her tenancy impartially, and did not explain why it had rejected her evidence. Miss D says the Council only corrected her liability after she put in an appeal to the Valuation Tribunal.
2. Miss D would like the Council to make a formal apology and to pay her compensation for the distress and harm caused by its mishandling of this matter. Miss D would also like the Council to provide training for staff.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (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. The courts have said that where someone has used an alternative right of appeal, the Ombudsman has no jurisdiction to investigate even if the appeal did not or could not provide a remedy for all the injustice a person claims to have suffered.

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How I considered this complaint

7. I considered information provided by Miss D.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Miss D put in an appeal to the Valuation Tribunal against the Council’s decision on her council tax liability. Because Miss D put in an appeal to the Tribunal this means we cannot investigate her complaint about the Council’s handling of this matter.
10. This restriction to our powers applies as soon as an appeal is put in even if the issue is resolved without a full hearing.
11. And, this restriction applies even if the appeal did not or could not provide a remedy for all the injustice a person says they have suffered.
12. So, even though Miss D’s appeal did not result in an apology or a payment of compensation, this does not mean we have the power to investigate this complaint.

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Final decision

13. We cannot investigate Miss D’s complaint because she put in an appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman