The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about a council tax liability. This is because Mr X has already used his right to appeal to the Valuation Tribunal. Nor will we investigate how the Council considered his complaint, because there is not enough evidence of fault.
The complaint
Mr X said the Council was wrong to pursue him for council tax when he said he had never lived in the Council’s area. Mr X said the Council should have carried out an investigation into his claim he was not liable.
The Ombudsman’s role and powers
The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916) 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council after it sent him a Council tax bill and he told it he was not liable for the bill and that he had never lived in the Council’s area. Mr X also told the Council he had previously been a victim of identity theft and sent it evidence of his claim. The Council considered Mr X’s complaint and the evidence, and decided he was liable. It then set out his right to appeal its decision to the Valuation Tribunal.
Mr X did not initially make an appeal in the required time and then submitted a late appeal. The Tribunal declined Mr X’s application. Because Mr X has used his appeal right, the law says we cannot investigate this matter.
Mr X also said he believed the Council should investigate his claim and the evidence shows the Council did this. It also set out his appeal right to challenge its decision. There is not enough evidence of fault to consider this part of Mr X’s complaint further.
Final decision
We cannot investigate this complaint about council tax liability because Mr X used his appeal right. We will not investigate how the Council considered his complaint about the same matter, because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman