The Ombudsman's final decision
Summary: We will not investigate this complaint about council tax liability. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect council tax liability to be appealed to the specialist tribunal that decides liability.
The complaint
In summary, Miss X disputes that she is liable for council tax on her rental property.
Miss X says her landlord originally told her council tax was included in the rent so she would like the Council to hold the landlord liable.
The Ombudsman’s role and powers
We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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) 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
We will not investigate Miss X’s complaint because it is reasonable to expect her to complain to the specialist tribunal that determines liability for council tax.
With respect to what the landlord may have promised that is a matter between Miss X and her landlord.
Final decision
We will not investigate this complaint about council tax liability. This is because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect Miss X to appeal to the specialist tribunal to decide her liability for council tax.
Investigator's decision on behalf of the Ombudsman