Summary: We will not investigate this complaint about Mrs X’s council tax. It is reasonable to expect Mrs X to use her right of appeal to the Valuation Tribunal.

The complaint

1. Mr Y is Mrs X’s son and is making this complaint on her behalf. Mr Y complains the Council incorrectly assessed Mrs X’s liability for council tax as it did not take into consideration she was unemployed at the time. Mr Y says Mrs X did not know bailiffs had been instructed to collect the council tax and unfair charges added to the debt. Mr Y also says this has affected Mrs X’s mental and physical health and wants the amount refunded as well as an additional payment for significant stress and financial strain.

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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.

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How I considered this complaint

4. I considered information provided by Mr Y, the Council and the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y believes the amount of council tax charged to Mrs X during a period between 2022 and 2024 was incorrect as the Council did not take into consideration Mrs X’s employment status and the benefits her household received. Nevertheless, Mrs X paid the amount due to the Council which included bailiff fees.
6. From the documents provided by the Council, it appears various reductions and adjustments have been made by the Council to Mrs X’s council tax liability over the years taking into account her earnings and benefits.
7. Mrs X has a right to appeal to the Valuation Tribunal any issue relating to liability of council tax. The tribunal is an independent expert body. The Council must do what the tribunal tells it to. We cannot decide issues relating to council tax liability. It is reasonable to expect Mrs X to appeal to the tribunal in this case and the restriction in paragraph 2 applies to this complaint.

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Final decision

8. We will not investigate Mr Y’s complaint because it is reasonable for Mrs X to use her right of appeal to the tribunal.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman