Summary: We will not investigate this complaint about the Council’s pursuit of Mr X for unpaid council tax. This is because Mr X has right of appeal to the Valuation Tribunal if he disputes liability.

The complaint

1. Mr X complained the Council has wrongly pursued him for unpaid council tax.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

Back to top

How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr X complained to the Council after receiving a letter requesting payment of unpaid Council tax. He said his landlord was responsible for the debt because he rented a room in a house in multiple occupation. He brought his complaint to the Ombudsman after the Council maintained he was liable for the debt.
8. The Ombudsman will not usually exercise discretion to investigate complaints where the complainant has a right of appeal unless there are good reasons to do so. In this case, it would be reasonable for Mr X to appeal to the Valuation Tribunal if he remains unhappy to be held liable for the council tax debt.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because he has right of appeal to the Valuation Tribunal if he disputes liability.

Back to top

Investigator's decision on behalf of the Ombudsman