The Ombudsman's final decision
Summary: We will not investigate this complaint about a Council tax bill because there is a right of appeal to a Valuation Tribunal.
The complaint
Ms X complains that she received a backdated Council tax bill for a period where she believed she had paid his debt in full.
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 lived in a shared house and received a Council tax discount for four years. She says that after she left in December 2024 she received a backdated Council tax bill for over £3,000.
The Council says that an incorrect discount had been applied to the account which resulted in the backdated bill.
Any dispute about Council tax liability can be appealed to a Valuation Tribunal. The right of appeal also applies to any decision not to award a Council tax discount. 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 also appeal to a Valuation Tribunal against any decision by the Council not to waive recovery (if the matter was the result of error by the Council). If the debt is a shared one then this is a private matter between the tenants concerned.
Final decision
We will not investigate Ms X’s complaint because she has a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman