The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council handled the complainants tax arrears. This is because there is insufficient fault by the Council and the complainant can appeal to the Valuation Tribunal if he feels the Council has wrongly applied its empty property discount policy.
The complaint
The complainant, who I will call Mr X, complains that the Council obtained a liability order for council tax it says he owes, despite informing him that he was exempt. Mr X says he did not receive a revised bill and that the property should have been exempt from council tax for 12-months rather than 6.
The Ombudsman’s role and powers
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6)) The law says we cannot normally investigate a complaint when someone can appeal 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 appeal. (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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mr X’s complaint because there is insufficient evidence of fault. Whilst the Council’s original bill did state the discount would last for the full year, this was superseded by a new bill that the Council issued in December. Whilst I note that Mr X says he did not receive the bill, we cannot hold the Council at responsible for issues with the post.
If Mr X feels the Council has incorrectly applied its empty homes discount policy, it is something Mr X can appeal against to the Valuation Tribunal, the body which deals specifically with council tax disputes. It is reasonable for Mr X to exercise his right of appeal and we will not therefore investigate this aspect of his complaint.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault and because he can complain to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman