The Ombudsman's final decision
Summary: We will not investigate this complaint about council tax payment liability. This is because Mr Y has a right to appeal to the Valuation Tribunal and it is reasonable to expect him to use this right.
The complaint
Mr Y complained the Council charged him for council tax while he had no legal status or right to work in the country while he waited for leave to remain. Mr Y is unhappy the Council refused to give him discretionary relief for the council tax arrears.
Mr Y disagrees that he is liable for the cost of the council tax owed, causing him upset and worry.
The Ombudsman’s role and powers
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 Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y complained to the Council in May 2022 about council tax arrears, which he says he cannot afford. He therefore asked the Council for discretionary relief from paying council tax under section 13A of the Local Government Finance Act 1992. The Council responded, refusing Mr Y’s request and referred Mr Y to his right to appeal to the Valuation Tribunal. Mr Y then approached us in October.
Analysis The Valuation Tribunal deals with appeals against decisions on council tax liability.
This is often free and reasonable adjustments can be made where necessary for access to the tribunal’s service.
Consequently, it is reasonable to expect Mr Y to use his right to appeal to the Valuation Tribunal if he wishes to dispute his liability for the council tax owed. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because he has a right to appeal to the Valuation Tribunal and it is reasonable to expect him to use this right.
Investigator's decision on behalf of the Ombudsman