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

The complaint

1. Mr X complains the Council incorrectly assessed his liability for council tax on a property he rents. Mr X says the Council failed to consider another adult occupier at the property and assigned all liability for council tax to Mr X. Mr X says he has spent a lot of time dealing with this matter which has caused him significant stress and financial strain. Mr X wants the Council to reconsider his liability.

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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 X, the Council and the Ombudsman’s Assessment Code.

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My assessment

5. The Council obtained two liability orders against Mr X for non-payment of two separate amounts of council tax on a property he rents. Mr X was given the opportunity to appear virtually at both court hearings before the orders were granted. It is not clear if Mr X did so.
6. Mr X disputes both liability orders saying he is a joint tenant at the property meaning liability for council tax should be shared. The Council has asked Mr X to provide evidence of the joint tenancy and joint tenant. From the documents we have, I cannot see Mr X has done this. Mr X has settled payment of one liability order and the other remains outstanding.

7. Mr X has a right to appeal to the Valuation Tribunal any issue relating to liability for the outstanding amount 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 Mr 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 X’s complaint because it is reasonable for him to use his right of appeal to the tribunal.

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Investigator's decision on behalf of the Ombudsman