Summary: We will not investigate this complaint about council tax. This is because it is reasonable to expect Mr and Mrs Y to appeal to the Valuation Tribunal.

The complaint

1. Mr and Mrs Y complain the Council is wrongly pursuing them for unpaid council tax. Mr and Mrs Y say they are not liable for the council tax as they were receiving council tax support and housing benefit during the period they are being charged for.
2. Mr and Mrs Y say they are upset that they are being pursued for the money and inconvenienced.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

5. I considered the information Mr and Mrs Y and the Ombudsman’s Assessment Code.

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My assessment

6. Mr and Mrs Y have the right to appeal to the Valuation Tribunal if they dispute their liability for the council tax. Normally we cannot investigate a complaint when someone can appeal to a tribunal, unless it would be unreasonable to expect the person to do so.
7. The Valuation Tribunal is often free and reasonable adjustments can be made where necessary for access to the tribunal’s service. Consequently, it is reasonable to expect Mr and Mrs Y to appeal to the Valuation Tribunal if they wish to dispute their liability for the unpaid council tax. Therefore, we will not investigate this complaint.

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Final decision

8. We will not investigate Mr and Mrs Y’s complaint because it is reasonable to expect Mr and Mrs Y to appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman