The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax liability and Council tax support because there is a right of appeal to a Valuation Tribunal.
The complaint
Ms X complains that the Council will not accept that she is not liable for Council after her property was sold.
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 she left her previous home on 22 August 2024 but the Council is seeking a further Council tax charge for the two weeks prior to this.
The Council says that no Council tax support could be awarded for those two weeks as she did not occupy the property.
Any dispute about liability or entitlement to Council tax support 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.
Final decision
We will not investigate Ms X’s complaint because she could appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman