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. Further, the alleged fault in the Council’s communication with Mr X has been remedied.
The complaint
Mr X says that the Council has failed to provide detailed responses to his complaints and he disputes his liability for Council tax on a property which he says he no longer owns.
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.
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X disputes his Council tax on a property he says he no longer owns.
Any dispute about Council tax liability 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.
Mr X says that the Council failed to provide all legal details relating to the Council’s communications. The Council says that they are not required to provide the legal basis of all Council tax decisions in their communications.
Nevertheless, I note that the Council cancelled a Liability Order obtained as part of the complaint process. The Ombudsman would consider this to be a satisfactory remedy to this part of his complaint and so will not be pursued.
Final decision
We will not investigate Mr X’s complaint because he has a right of appeal to a Valuation Tribunal and part of the complaint has been remedied.
Investigator's decision on behalf of the Ombudsman