South Oxfordshire District Council (21 018 016)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 27 Mar 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s failure to change Mrs X’s council tax banding and the subsequent liability that arose from it. It would be reasonable for Mrs X to appeal against the bill at the Valuation Tribunal.

The complaint

  1. Mrs X says the Council failed to change their property’s council tax banding in 2018 despite notifying the Council the property conversion was complete.
  2. Mrs X says the council tax banding was not changed until 2021. As a result, they have now been landed with a Council tax bill for £7798.68

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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)
  3. 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

  1. I considered information provided by Mrs X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mrs X has the right to appeal against the council tax bill at the Valuation Tribunal.
  2. The Valuation Tribunal is a free and easy to use service which deals with Council tax disputes.
  3. Therefore, it would be reasonable for Mrs X to appeal to the Valuation Tribunal.

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Final decision

  1. We will not investigate Mrs X’s complaint because it would be reasonable for her to appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman

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