Summary: We will not investigate Mrs X’s complaint that the Council wrongly issues building completion notices in relation to council tax liability. Mrs X does not have a personal injustice. A person affected can appeal a completion notice to the Valuation Tribunal.

The complaint

1. Mrs X complains the Council has wrongly delegated to a private contractor its right to issue completion notices in relation to council tax liability. Mrs X says between 2018 and 2019 the Council issued hundreds of notices which are not legally valid. Mrs X has represented people affected in a professional capacity and says the Council should refund her the £1000 spent on paper and photocopying information to it and the Valuation Tribunal. She also says the Council should refund developers who paid council tax.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), 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 have considered Mrs X’s information and comments. I have considered the Ombudsman’s 2019 decision on a related complaint where Mrs X was the representative of the person affected (19 007 366).

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What I found

6. On 2 December 2019 we closed the last complaint about his matter (19007366) because Mrs X had appealed, on 30 May 2019, to the Valuation Tribunal on behalf of her clients. The Valuation Tribunal issued a decision dated 5 October 2020. The council had accepted the completion notice was not valid. The Tribunal found the property was not capable of occupation until February 2019 due to the drains not working.
7. In 2019 Mrs X gathered information about the use of completion notices from a freedom of information request. Mrs X argues the Council’s contractor is acting unlawfully because it does not have delegated authority to issue a completion notice. She says two other councils are also involved.

Analysis

8. I will not investigate this complaint for the following reasons:
9. We investigate fault causing injustice. There is no personal injustice to Mrs X. She has acted in her professional capacity. If she has incurred costs in relation to an appeal that is a matter between her and her clients.
10. It is for a court or tribunal, not this office, to determine whether the Council is acting unlawfully.
11. We are legally barred from investigating actions relating to the appeal mentioned above as explained in our last decision (see paragraph 3 and 6 above). A complaint by, or on behalf of, someone who did not appeal a notice would be outside our jurisdiction. We would rarely exercise discretion to investigate because it is usually reasonable for a person to go to the Tribunal which has the power to change the decision.

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Final decision

12. The Ombudsman will not investigate Mrs X’s complaint that the Council wrongly issues building completion notices in relation to council tax liability. Mrs X does not have a personal injustice. A person affected can appeal a completion notice to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman