The Ombudsman's final decision
Summary: We will not investigate this complaint about liability for council tax because it has been considered by a court and could be considered by a tribunal.
The complaint
Mr X says that he disputed a council tax premium liability and he says that the Council took him to court. He says that the court refused to issue a Liability Order but he says the Council says it will appeal the decision.
The Ombudsman’s role and powers
We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Ombudsman cannot investigate a matter which has been considered by the court. Further, any dispute about liability for a council tax premium could be appealed to a Valuation Tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
Final decision
We will not investigate Mr X’s complaint because it has been considered by a court and could be considered by a tribunal.
Investigator's decision on behalf of the Ombudsman