Summary: Ms X complains about her liability for council tax on a property and the Council’s subsequent bankruptcy proceedings. The Ombudsman will not investigate this complaint because the matter is out of time, there was a right of appeal to a Valuation Tribunal and the bankruptcy is a matter for the courts.

The complaint

1. Ms X complains about her liability for council tax on a property and the Council’s subsequent bankruptcy proceedings.

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The Ombudsman’s role and powers

2. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. 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)
5. 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

6. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

7. Ms X says that the Council charged her the empty homes premium on a property between 2017 and 2018 even though the property was furnished. She says that a bailiff visited her property in 2018 as a result. Any dispute about the applicability of the premium is a matter for the Valuation Tribunal. Further any such complaint could reasonably have been made to this office within 12 months and so the complaint about the use of a bailiff is out of time and out of jurisdiction.
8. She says that the Council is now pursuing a bankruptcy order against her. Any dispute about bankruptcy proceedings is a matter for the court to decide and actions of the court are out of jurisdiction.

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Final decision

9. I do not intend to investigate this complaint because the matter is out of time, there was a right of appeal to a Valuation Tribunal and the bankruptcy is a matter for the courts.
    

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Investigator's decision on behalf of the Ombudsman