Summary: Mrs X complained about the Council placing an overpayment on her council tax account from 2002/3. The Ombudsman should not investigate this complaint. This is because Mrs X exercised her right of appeal and the Council has removed the overpayment.

The complaint

1. The complainant, whom I shall call Mrs X, complains about the Council placing an overpayment of over £185 on her council tax account dating back to the financial year 2002/3. She says she should not owe the money and has not received a response to her appeal against the overpayment.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I have considered all the information which Mrs X submitted with her complaint. I have also considered the Council’s response and Mrs X has been given the opportunity to comment on the draft decision.

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What I found

6. Mrs X received an overpayment on her council tax account of over £185 which related to the years 2002/3. She disputes that she owes this money and wrote to the Council in February 2019 to appeal against the decision. When she had not received a response by April she complained to us.
7. We made some enquiries of the Council and it confirmed that it had determined Mrs X’s appeal in April but had failed to send details of its decision. The Council upheld Mrs X’s appeal and has written off the overpayment and adjusted her monthly payments accordingly. It has apologised to her for not sending her notification of the appeal outcome.
8. We cannot investigate complaints about council tax support claims or overpayments. Mrs X had a right to appeal the decision to the Council and ultimately the Valuation Tribunal. She pursued this remedy and the Council has cancelled the overpayment. It has apologised for any delay which is a suitable remedy in this case.

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Final decision

9. The Ombudsman should not investigate this complaint. This is because Mrs X exercised her right of appeal and the Council has removed the overpayment.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman