The Ombudsman's final decision
Summary: We will not investigate this complaint about a council tax matter. There is not enough evidence of fault by the Council and it was reasonable to expect Mr X to appeal to the Valuation Tribunal if he disagreed with the Council’s decision that he was liable for council tax for two properties.
The complaint
Mr X says the Council unfairly charged him council tax for a period when he moved and his tenancies overlapped. He says the Council should have used its discretion and removed the charge.
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 not enough evidence of fault to justify investigating, (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
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.
How I considered this complaint
I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council regarding the matters in paragraph 1.
The Council replied explaining the reasons for the council tax charge. It said it could not award council tax reduction for a property that he was not living in. This was in accordance with the conditions of its council tax reduction scheme. The Council gave details how Mr X could appeal to the Valuation Tribunal if he disagreed with the Council decision.
The Council also said Mr X could apply for a discretionary council tax reduction under section 13A. It sent him a statement of means form.
We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to warrant investigation. The Council explained the reasons why it decided Mr X was liable for two properties and it could not award a council tax reduction. The Council invited Mr X to apply for a discretionary council tax reduction. This shows the Council was willing to consider using its discretion.
We will not investigate the Council’s decision because it was reasonable to expect Mr X to have used his appeal to the Valuation Tribunal.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council and it was reasonable to expect him to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman