The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint that the Council has wrongly sent a council tax demand to him rather than his landlord. This is because it is reasonable for Mr B to put in an appeal to the Valuation Tribunal.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council has sent him a demand for council tax. Mr B considers the Council should have sent this demand to his landlord, who Mr B considers is responsible for paying council tax for the property.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Act 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 Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B may put in an appeal to the Valuation Tribunal against the Council’s decision on his liability for council tax. The tribunal is an independent expert body whose decisions are binding on the Council.
It is the role of the Valuation Tribunal to decide such disputes and I find it is reasonable for Mr B to use the appeal process. It is not the role of the Ombudsman to provide an alternative right of appeal.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because it is reasonable for him to put in an appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman