The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council giving her inaccurate information about her council tax. This is because it is reasonable to expect her to appeal to the Valuation Tribunal.
The complaint
Miss X says the Council gave her inaccurate information about Council Tax liability when she moved into temporary accommodation. The Council has asked Miss X to pay Council Tax for her new and previous homes. Miss X says this is difficult for her and is causing her anxiety.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X moved into temporary accommodation in early 2024 and started paying Council Tax. Miss X says the Council told her she did not have to pay Council Tax on the property she moved from. The Council later wrote to her to say this was inaccurate and asked her to pay Council Tax for both properties. Miss X says this is difficult and is causing her anxiety.
The Council apologised for giving inaccurate information and offered a suitable payment to remedy the injustice. It also suggested Miss X apply to its Residents Support Scheme which Miss X has done. The Council has awarded Miss X a discretionary payment and explained how she can appeal their decision.
I will not investigate Miss X’s complaint because it is reasonable for her to ask the Council to appeal its decision. If Miss X disagrees with the review outcome she can appeal to the Valuation Tribunal.
Final decision
We will not investigate Miss X’s complaint because it is reasonable for her to put in an appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman