The Ombudsman's final decision
Summary: We will not investigate this complaint about the council tax arrears the Council is holding Mrs X responsible for. This is because she has right of appeal to the Valuation Tribunal.
The complaint
Mrs X complains the Council has miscalculated her partner’s income and calculated her council tax arrears incorrectly. She also complains the Council delayed responding to her MP when he contacted it on her behalf.
The Ombudsman’s role and powers
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) The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
We investigate 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 continue an investigation if we decide: any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained to the Council about council tax arrears on her account because she said she was not liable for amounts quoted. She also complained that the Council delayed responding when her MP contacted it on her behalf.
The Council advised the arrears were created by changes in her partner’s income. The Council acknowledged it delayed responding to her MP and apologised for this but confirmed it had continued to contact her to discuss the matter. The Council removed approximately £80 from the council tax arrears as a goodwill gesture but would not agree to waive the remaining balance. Mrs X then brought her complaint to us.
It is not the Ombudsman’s role to determine whether Mrs X is liable to pay the council tax arrears the Council is holding her responsible for; this is the role of the Valuation Tribunal. It would therefore be reasonable for Mrs X to refer this part of her complaint to the Tribunal.
The evidence shows the Council significantly delayed responding to Mrs X’s MP after he contacted it regarding the arrears. Whilst this no doubt caused Mrs X frustration, there is no evidence this made a difference to what happened or caused Mrs X a significant injustice.
Final decision
We will not investigate Mrs X’s complaint because she has right of appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman