Kirklees Metropolitan Borough Council (21 016 875)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 23 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate Mr Y’s complaint the Council is holding Mr X liable to pay council tax on a property he owns and seeking to recover the debt. It is reasonable for Mr X to use or have used his right of appeal to the Valuation Tribunal.
The complaint
- Mr Y complains for his son Mr X that the Council is unreasonably pursuing a council tax debt on a property he owns. Mr Y says the former tenants not Mr X are liable for the debt. Mr Y says Mr X is living at the property but is ill and on benefit. Mr Y says the Council should remove the debt or put the enforcement case on hold for 6 months to give the family time to challenge at court. He also says the family has sent information to the Valuation Tribunal.
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 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)
How I considered this complaint
- I considered information provided by Mr Y and the Council. The information includes the reminder bills and summons to court sent to Mr X. Also the Council’s emails explaining the position, requesting information, and advising Mr X of his appeal right to the Valuation Tribunal.
My assessment
- I will not investigate this complaint for the following reasons:
- The complaint is outside the Ombudsman’s jurisdiction because there is an appeal right to the Valuation Tribunal (see paragraphs 2 and 3 above). The dispute is about Mr X’s liability to pay council tax over several years. The Council has explained its decision and the appeal right. It has provided a link to the Valuation Tribunal (emails 25 August and 22 October 2021 and 27 January 2022).
- I consider it reasonable for Mr X (or Mr Y on his behalf) to use the right of appeal to the Valuation Tribunal. The Tribunal has the power to change the Council’s decision. Mr Y has had contact with the Tribunal for example by email on 23 January.
- We cannot achieve the outcome Mr Y wants. The Council is entitled to pursue debt recovery and tells me it intends putting a charge on the property. The Magistrates Court granted the Council liability orders allowing it to recover the debt. The Council explained how Mr X could be involved in the hearing which was adjourned to provide the family with more time to provide evidence.
Final decision
- The Ombudsman will not investigate Mr Y’s complaint the Council is holding Mr X liable to pay council tax on a property he owns and is seeking to recover the debt. It is reasonable for Mr X to use or have used his right of appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman