Summary: We will not investigate this complaint about Council tax liability because it would be reasonable for Miss B to use her right of appeal to a Valuation Tribunal.

The complaint

1. Miss B complained the Council’s assessment of her Council tax liability was wrong.

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The Ombudsman’s role and powers

2. 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)
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

4. I considered information provided by Miss B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss B says her partner was a student during their tenancy so a discount should apply to their Council tax account. Miss B also says she was charged for Council tax for times she has not lived there.
7. The Council has explained how it assessed Miss B and her partner’s liability for council tax, and given its reasons for not changing their liability because of information they provided in their complaint.
8. The Valuation Tribunal Service deals with appeals about whether someone is liable for Council tax. It is an independent, expert body whose decisions are binding on the Council. It is reasonable for Miss B to appeal to the Tribunal as it can decide if Miss B is liable for Council Tax. This is not something the Ombudsman can do.

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Final decision

9. We will not investigate Miss B’s complaint because it is reasonable for Miss B to appeal to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman