The Ombudsman's final decision
Summary: We will not investigate this complaint about a council tax bill as Ms X can appeal about it to the Valuation Tribunal if she considers the Council’s calculation is wrong. The Tribunal is best placed to make a determination on this matter.
The complaint
Ms X complains the Council has made her pay too much council tax. Ms X seeks a refund. Ms X also complains that she has been put to time and trouble contacting the Council about this and seeks a financial payment in recognition of this.
The Ombudsman’s role and powers
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) The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X seeks a refund as she says the Council asked her to pay too much council tax.
Council tax disputes are decided by an independent body called the Valuation Tribunal (VT). Ms X can appeal to the VT about the Council’s decision on council tax. The VT can make a determination on this; we cannot. As an appeal to the VT is the set procedure for challenging council tax bills, it is reasonable to expect Ms X to appeal and as per paragraph two, we will not investigate.
While I recognise Ms X is unhappy about being put to some time and trouble dealing with this matter, any injustice caused to her is not serious enough to warrant any financial remedy, from our perspective.
Final decision
We will not investigate Ms X’s complaint because she has the right to appeal to the VT for a decision on the council tax dispute.
Investigator's decision on behalf of the Ombudsman