The Ombudsman's final decision
Summary: We will not investigate Mr X’s late complaint about council tax liability because he could have appealed to the Valuation Tribunal.
The complaint
Mr X complained the Council should not have charged him for council tax eight years ago because he was in receipt of Employment and Support Allowance (ESA). Mr X says he has disputed he owes this debt since the council tax bill was first received. The debt has now been passed to bailiffs to recover which has caused Mr X and his family unnecessary distress and upset. Mr X says the Council has failed to act in accordance with their standard complaints’ procedure.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X was aware of the issues he complains of more than 12 months before contacting us. Mr X had the right to appeal his liability for council tax to the Valuation Tribunal when he first knew he was being charged for it, and it would have been reasonable for him to do so.
Final decision
We will not investigate Mr X’s complaint because the complaint is late, and Mr X had the right to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman