Summary: We will not investigate this complaint about council tax liability and council tax support. It would be reasonable for the complainant to appeal to the Valuation Tribunal. We will also not investigate parts of the complaint about fraud and the Council causing him to lose his business. There is not enough evidence of fault to warrant an investigation.

The complaint

1. Mr Z says the Council failed to apply council tax support to his bill over the years dating back to 2007. As a result, he says the Council has sent enforcement agents to recover the Council tax which he cannot afford and is not liable for.
2. Mr X also says the Council has committed serious fraud and has caused him to lose his business.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
6. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating.

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

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How I considered this complaint

7. I considered information provided by Mr Z and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr Z’s complaint relates to the Council’s decisions not to provide Council tax support and his subsequent council tax liability.
10. Mr Z has the right to appeal against this at the Valuation Tribunal.
11. The Valuation Tribunal is a free and easy to use service which deals with council tax liability and council tax support disputes.
12. Therefore, it would be reasonable for Mr Z to appeal to the Valuation Tribunal.
13. The Council also says it has asked Mr Z to provide more information about his allegations regarding fraud and the Council causing him to lose his business. However, he failed to do that, so there is not enough evidence of fault to warrant an investigation.

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Final decision

14. We will not investigate Mr Z’s complaint because it would be reasonable for him to appeal to the Valuation Tribunal if he disputes his council tax liability. There is also not enough evidence of fault to warrant an investigation into vague allegations of fraud and corruption.

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Investigator's decision on behalf of the Ombudsman