Middlesbrough Borough Council (23 015 017)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 02 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate Ms Y’s complaint about the Council’s decision to pursue her daughter Ms X for unpaid council tax. This is because Ms X has right of appeal to the Valuation Tribunal and it would be reasonable for her to use it.
The complaint
- Ms Y complained on her daughter Ms X’s behalf that the Council has pursued a liability order for a council tax debt Ms X incurred approximately ten years ago.
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 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 Ms Y and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms Y complained to the Council after her daughter Ms X received notification that she was being pursued for a council tax debt she had incurred at a previous address, some ten years prior. She said the length of time that had passed meant the Council should not pursue Ms X for the outstanding amount.
- The Council advised that it had acted lawfully in obtaining a liability order against Ms X and it would not agree to waive the balance.
- Ms Y has brought the complaint to the Ombudsman as she remains unhappy with the Council’s response. The Ombudsman will not usually investigate complaints where the complainant has right of appeal, and it would be reasonable for them to use it. It is the role of the Valuation Tribunal to consider appeals relating to council tax liability. It is therefore open to Ms Y to refer this matter to the Tribunal on Ms X’s behalf if she remains unhappy with the situation.
Final decision
- We will not investigate Ms Y’s complaint because Ms X has right of appeal to the Valuation Tribunal and it would be reasonable for her to use it.
Investigator's decision on behalf of the Ombudsman