Summary: We will not investigate this complaint about the way the Council determined his liability for council tax because he has appealed to a Valuation Tribunal and can pursue his complaint with the Information Commissioner’s Office.

The complaint

1. Mr X complains about the way the Council investigated his circumstances to determine council tax liability.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Information Commissioner’s Office. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says that the Council denied him documents for use at a Valuation Tribunal to determine liability for council tax. He also complains of delay in the process.
8. Mr X has appealed to a Valuation Tribunal and so the Ombudsman cannot investigate this complaint. Further, any complaint of injustice lying from delay would depend on the outcome of the Valuation Tribunal which we do not yet know.
9. Mr X further complains that the Council has failed to comply with the Freedom of Information Act. Any such complaint is a matter for the Information Commissioner’s Office and not the Ombudsman.

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Investigator's decision on behalf of the Ombudsman