The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax liability because there is a right of appeal to a Valuation Tribunal.
The complaint
Ms X complains that she has been held liable for Council tax on a property she could not inhabit.
The Ombudsman’s role and powers
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
Ms X says that the Council has billed her for a property she could not inhabit because it was flood damaged.
The Council says that the landlord said that the property remained in her name during this time and therefore Ms X was considered liable for the Council tax.
Any dispute about liability for Council tax can be appealed to a Valuation Tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
Ms X can then provide any evidence in her support of her argument that the landlord should be held liable for this period. The Council has advised her of her right of appeal.
Final decision
We will not investigate Ms X’s complaint because she can appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman