The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to issue Miss X with a council tax bill within a timely manner. This is because the Valuation Tribunal would be better placed to investigate this complaint.
The complaint
Miss X complains she is not liable for the outstanding arrears and summons charges the Council has pursued her for.
The Ombudsman’s role and powers
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 another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained the Council significantly delayed providing a council tax bill after she informed it she was moving to a different address. She also said the Council allocated her payments incorrectly.
The Council said Miss X failed to make payments on time and this is why the arrears had accrued and a summons order served.
Miss X disputes the Council’s position and wants us to find it fault. The Ombudsman will not usually exercise discretion to investigate complaints involving disputed liability as there is another body best placed for this. The Valuation Tribunal considers complaints where the complainant is disputing the fairness or validity of a requested balance. It would be reasonable for Miss X to refer this complaint to the Tribunal.
Final decision
We will not investigate Miss X’s complaint because the Valuation Tribunal would be best placed to investigate this complaint.
Investigator's decision on behalf of the Ombudsman