Summary: We will not investigate this complaint the Council’s delay in correcting information affected a property sale. It is reasonable for the complainant to pursue the matter in the courts.

The complaint

1. Mr X complained the Council delayed in correcting a boundary error on the deeds of his property. Mr X said that delay affected his ability to sell his property and resulted in additional solicitors’ fees. He said he purchased a new property before he could sell his old one, that meant he was also liable for two sets of council tax.
2. Mr X wants the Council to reimburse his additional legal fees and duplicated council taxes.

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The Ombudsman’s role and powers

3. 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:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. 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)
5. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We will not investigate Mr X’s complaint about delays by the Council correcting information in the deeds of his property. The Council’s insurance has considered Mr X’s claim that it is liable for any additional costs. It has not accepted liability for these. We cannot say the Council is liable for any additional legal costs. Only the Court can make this decision. It is reasonable for Mr X to ask the Court to consider his claim.
9. It was Mr X’s choice to purchase a new property before he completed the sale of his existing property. That resulted in Mr X being liable for council tax on two properties. If Mr X disagrees with this decision he can appeal to the Council, and then the Valuation Tribunal. The Tribunal considers appeals against council tax liability decisions.

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Final decision

10. We will not investigate Mr X’s complaint because it is reasonable for him to pursue the matter through the court.

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Investigator's decision on behalf of the Ombudsman