Summary: The Ombudsman cannot investigate this complaint, about the Council’s handling of the complainant’s Council Tax. This is because she has appealed to the Valuation Tribunal, which means the Ombudsman has no jurisdiction to consider it.

The complaint

1. The complainant, to whom I will refer as Ms P, says the Council has made a series of errors relating to her Council Tax over a period of three years. She appealed to the Valuation Tribunal, which upheld it, but seeks compensation for the stress and anxiety caused her by the Council’s errors.

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The Ombudsman’s role and powers

2. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
3. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I reviewed Ms P’s correspondence with the Council.
6. I also shared a draft copy of this decision with each party for their comments.

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What I found

7. Ms P bought and began renovating a property in 2016. Since then, she says the Council has made a long series of administrative errors when dealing with her Council Tax.
8. Ms P eventually made an appeal to the Valuation Tribunal. The Tribunal upheld her appeal and was very critical of the Council’s handling of the matter. Its decision was she should have been granted a Council Tax exemption at the beginning.
9. Ms P complained to the Council. The Council upheld her complaint and apologised for its handling of the matter. But Ms P seeks compensation for her experience, and so has referred the matter to the Ombudsman.

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Analysis

10. Because Ms P has appealed to the Valuation Tribunal, the restriction at paragraph 2 applies. The law prevents the Ombudsman from investigating this complaint. And, while I appreciate much of Ms P’s complaint relates to administrative matters secondary to her appeal, the courts have decided this restriction on the Ombudsman’s jurisdiction applies to these matters as well, as explained at paragraph 3.
11. In addition, the law says a person should approach the Ombudsman within 12 months of becoming aware of the substantive issues about which they wish to complain. Ms P’s dispute with the Council has been ongoing since 2016, but she did not bring her complaint to the Ombudsman until January 2020, and so it is late.

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Final decision

12. The Ombudsman cannot investigate this complaint.

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Investigator's decision on behalf of the Ombudsman