Summary: We will not investigate this complaint about the Council reducing Mr X’s council tax then demanding repayment of the reduction. Mr X could reasonably have used his right to appeal to the Valuation Tribunal. Part of the complaint is about events during court proceedings, which the law prevents us investigating.

The complaint

1. Mr X complains that in May 2020 the Council wrongly gave him council tax reduction he had not applied for, then in December 2021 removed the reduction and demanded he pay back over £2,000. He also complains a Council officer prevented him going before a court about the matter. He says this has caused stress to him and his wife and they fear financial difficulties.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone can appeal, or could have appealed, 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 appeal or to have appealed. (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.
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

5. I considered information provided by the complainant and copy correspondence from the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says the Council was wrong to reduce his council tax. The substantive impact of this alleged fault is the council tax debt the Council now wants Mr X to repay. Essentially, Mr X is arguing the debt arose because of the Council’s error so he should not have to repay it. The Valuation Tribunal can decide such points. Mr X had the right to go to the Tribunal within two months of the Council’s decision in December 2021 that he should repay the council tax. So the restriction in paragraph 3 applies.
8. The law expressly provides that route for resolving such matters, so we normally expect people to use it. The Tribunal can overturn councils’ decisions if it sees fit and make binding orders, which the Ombudsman cannot.
9. I understand the Council’s decision letter in December 2021 gave details of appeal rights. I have seen the Council’s email to Mr X on 28 January 2022. It told Mr X he could appeal to the Tribunal and included a link to the tribunal’s website. So I am satisfied Mr X knew of his appeal right before it expired.
10. I appreciate Mr X and his wife have had health problems. I have taken account of that. However, I do not think that made it unreasonable to expect Mr X to appeal to the Tribunal when he had the right. Mr X was pursuing matters with the Council around that time. His argument was relatively straightforward so would not have been unduly complex or burdensome to send to the Tribunal. He could have asked the Tribunal for particular arrangements to take account of his health if he considered that necessary.
11. For these reasons, I consider it is reasonable to expect Mr X to have used his appeal right when he had it. Therefore I shall not investigate whether the Council was at fault for reducing the council tax then asking Mr X to pay it.
12. Mr X also complains a Council officer prevented him going before the magistrates’ court that was considering whether to make a liability order against Mr X for the debt. This point concerns the conduct of court proceedings, which the law forbids us from considering, as paragraph 4 explained.

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Final decision

13. We will not investigate Mr X’s complaint because Mr X could reasonably have used his right to appeal to the Valuation Tribunal. Part of the complaint is about events during court proceedings, which the law prevents us investigating.

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Investigator's decision on behalf of the Ombudsman