Summary: The Ombudsman will not investigate Mr X’s complaint about his council tax bill. This is because there is not enough evidence of fault by the Council. If Mr X wants to dispute his liability for council tax, he can appeal to the Valuation Tribunal.

The complaint

1. Mr X complains about the amount of council tax he is being charged. Mr X is unhappy because the roads surrounding the development he lives in are not maintained by the Council. Mr X has to pay a separate charge to a management company and thinks he should receive a reduced council tax bill.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal.

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

3. 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)
4. 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

5. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

6. In its responses to Mr X’s complaints, the Council has explained it collects council tax based on a property’s value – as determined by the Valuation Office Agency (VOA). It has explained there is no discount available to Mr X because of the extra charge he has to pay to a management company.
7. The Ombudsman is not an appeal body against the amount of council tax a person must pay. The Council has a duty to collect council tax for properties as determined by the VOA. It is not fault for the Council to do this. As the Council has explained, discounts are not provided when a person does not access all the services available. Also, councils do not provide discounts when a person has to pay extra charges associated with their property – such as grounds maintenance charges. These are generally identified when a person purchases a property. Based on the evidence available, it is unlikely an investigation by the Ombudsman would find fault with the Council’s actions.
8. If Mr X disputes his liability for council tax, he can appeal to the Valuation Tribunal. When there are appeal rights to a tribunal, the Ombudsman normally expects a person to use them, unless it is unreasonable for them to do so. The Tribunal is an expert, impartial body, set up Parliament to consider disputes about council tax. If Mr X disputes his liability for council tax, I see no reason he cannot use the appeal rights available to him

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Final decision

9. The Ombudsman will not investigate Mr X’s complaint. This is because there is not enough evidence of fault by the Council, and it is reasonable for Mr X to use the appeal rights available to him.

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Investigator's decision on behalf of the Ombudsman