Summary: We will not investigate this complaint about council tax. This is because we cannot investigate a matter previously decided by a court and where we are unable to investigate the substantive matter, it is not a good use of public resources to investigate a complaint about complaint handling.

The complaint

1. Miss Y complains on behalf of her parents, Mr and Mrs X. She complains the Council has overcharged her parents for council tax, provided a breakdown of the charges which is incorrect and failed to respond properly to her complaint about the charges.
2. Miss Y says this means she cannot speak to anyone to explain why the charges are excessive, causing her upset, worry and frustration.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
4. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

5. I considered the information Miss Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. Miss Y says the Council has charged her parents £7,000 in council tax. She says this is excessive and her parents owe significantly less. She is aware there is a Liability Order against her parents and bailiffs have been in contact with her and her parents. She says she has tried for the past three years to explain to the Council why the charges are excessive, but she has not been listened to. She says that her emails have been either ignored or responses have ignored the information she has provided and say her parents still owe the higher amount.

Analysis

7. As there is a Liability Order against Mr and Mrs X, the amount owed in council tax has been considered by the courts. Consequently, we cannot investigate whether the amount the Council says is owed is correct as this matter has been decided by a court.
8. Further, we cannot investigate whether the amounts the Council says are owed in its breakdown are correct or not. The amount owed has been considered by the court, and so while Miss Y disagrees with the amounts shown, we cannot investigate. If Miss Y believes the amount is incorrect, she would need to take the matter back to court.
9. Miss Y also complains about the Council failing to respond to her correspondence and complaints about the council tax charges being too high. She says the Council has not considered why she says the amounts are incorrect. Miss Y’s complaint to the Council is inextricably linked to the matter already decided by the court as it is about disputing how much is owed. Where we are unable to investigate the substantive matter, it is not a good use of public resources for us to consider complaints about complaint handling. Consequently, we will not investigate Miss Y’s complaint that the Council is not responding properly to her complaint about the council tax owed.

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Final decision

10. We will not investigate Miss Y’s complaint. This is because we cannot investigate a matter previously decided by a court and where we are unable to investigate the substantive matter, it is not a good use of public resources to investigate a complaint about complaint handling.

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Investigator's decision on behalf of the Ombudsman