Summary: We will not investigate this complaint about the charging of council tax. This is because Mrs Y has a right to appeal the charge to the Valuation Tribunal Service who are better placed to consider the issue.

The complaint

1. Mrs Y complains the Council failed to correctly apply a flood discount and single person discount to her Council Tax account. She says she was then told she would not need to pay Council tax at all for the year but was later told she would only receive a flooding discount for three months.
2. Mrs Y says this led to money being taken from her account without her knowledge, causing confusion.

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The Ombudsman’s role and powers

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. 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 could add to any previous investigation by the Council, or
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

5. I considered the information Mrs Y provided to us. Mrs Y had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

6. Mrs Y’s property was flooded, leaving it uninhabitable in February 2020. The Council offered a 100% discount on council tax to affected residents for an initial three months, continuing until their properties were made habitable. Mrs Y moved back into her home in July 2020.
7. After problems with her council tax, Mrs Y complained to the council in October 2020. The Council investigated Mrs Y’s complaint before giving its response later in October. The Council’s response agreed that the billing and information given with bills had been confusing and unclear and at times incorrect. It apologised for the confusion and errors and confirmed the correct level of council tax Mrs Y was required to pay. It said it would work to improve its procedures for the next time flooding occurs in its area.
8. Mrs Y approached the Ombudsman about her complaint in November 2020.

Analysis

9. If someone disputes liability for council tax they have a right of appeal to the Valuation Tribunal Service. This includes decisions to award exemptions or discounts on council tax.
10. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal unless we consider it unreasonable to expect a person to appeal. Mrs Y has not provided any reason why it is not reasonable to expect her to use her right of appeal to the Valuation Tribunal Service. Consequently, we will not investigate this complaint.
11. Further, the Council recognised the errors it made in its information and billing. It took steps to confirm the correct amount of council tax Mrs Y is required to pay and has apologised. It also has agreed to improve procedures to prevent the problem from happening again. As it has taken this action, it is unlikely we could add to the investigation the Council has already carried out.

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Final decision

12. We will not investigate this complaint. This is because Mrs Y has a right to appeal the charge to the Valuation Tribunal Service.

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Investigator's decision on behalf of the Ombudsman