Summary: We cannot investigate this council tax complaint because the complainant has appealed to the Valuation Tribunal. In addition, we cannot achieve the outcome the complainant wants.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council has harassed him in relation to council tax and council tax support (CTS). He complains of misconduct by officers causing emotional distress. Mr X wants an apology, compensation and for four officers to be sacked.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
3. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support.
5. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

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How I considered this complaint

6. I considered information provided by Mr X. This includes the complaint correspondence and confirmation from the Council that Mr X has appealed to the Valuation Tribunal. I also considered our Assessment Code.

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My assessment

7. Mr X and his former partner received CTS. In 2022 the Council decided Mr X was not entitled to CTS from April 2020 to June 2021. This meant the Council added £1076 to the council tax. The Council asked Mr X, and his former partner, to pay the arrears. The Council explained they are both liable as they were jointly responsible for the council tax and the CTS.
8. Mr X disagrees with the decision. He says the additional income, leading to the cancellation of the CTS, was nothing to do with him and was solely linked to his former partner. Mr X explained why he did not think he was liable for the extra council tax. He also complained because he was unhappy with the way the Council had processed the revised decision.
9. Mr X appealed against the decision to cancel the CTS. The Council reviewed the decision but did not change it. It invited Mr X to appeal to the Valuation Tribunal. Mr X appealed to the tribunal and is waiting for a hearing date. The Council has suspended recovery of the arrears until the tribunal has made a decision.
10. The law says we cannot investigate any matter that has been appealed to the Valuation Tribunal. The key issue is Mr X’s submission that he is not liable for the council tax arrears because what happened with the CTS, in terms of income, was nothing to do with him. The Council has an opposing view which Mr X disputes. Mr X has appealed to the tribunal and the tribunal will decide if the Council was correct to cancel the CTS and correct to make Mr X jointly liable for the arrears. We cannot get involved because Mr X has appealed.
11. In addition, we have no power to get staff sacked. If the tribunal upholds Mr X’s appeal then the arrears will be reduced, or cancelled, depending on the tribunal decision. And, while Mr X disagrees with the decision made by the Council, this does not mean it has done anything wrong.

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Final decision

12. We cannot investigate this complaint because Mr X has appealed to the Valuation Tribunal and we cannot achieve the outcome he wants.

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Investigator's decision on behalf of the Ombudsman