The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax because an appeal to a Valuation Tribunal has been used.
The complaint
Ms X complains that the Council gave hr incorrect advice about Council tax.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (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
Ms X says that the Council advised her some time ago that she had overpaid her Council tax and, as a result, refunded her payments. The Council then changed its decision and she had to pay the Council tax for that period.
Somebody experiencing financial hardship because of a decision about wrongly paid council tax, can apply for a discretionary reduction. Appeals about those decisions are to the Valuation Tribunal.
She appealed to a Valuation Tribunal and lost.
The Ombudsman cannot investigate a complaint where an appeal to a Valuation Tribunal has been exercised. The complaint is therefore out of jurisdiction.
Final decision
We will not investigate Ms X’s complaint because she appealed to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman