Summary: We will not investigate this complaint about an increase in the complainant’s council tax. This is because there is insufficient evidence of fault by the Council and because there were appeal rights the complainant could have used.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council increased his council tax and has not explained why.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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)
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 considered information provided by Mr X and the Council. This includes letters the Council sent to Mr X about his council tax. I also considered our Assessment Code.

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My assessment

6. Mr X says he had not had to pay council tax for many years. In December he received a council tax bill. In January Mr X wrote to the Council asking for an explanation and saying his income had not changed.
7. The Council responded in January. It explained Mr X’s Council Tax Support (CTS) had decreased which is why he had received a bill asking for payment of council tax. The Council explained the figures it had used in the CTS reassessment and told Mr X he could appeal to the Valuation Tribunal if he disagreed with the way the CTS had been reassessed.
8. Mr X complained to us in May and said the Council had not explained why he had suddenly been asked to pay council tax. Following our enquiries, the Council wrote to Mr X in May and again explained why he has to pay council tax; the Council gave Mr X fresh appeal rights. The Council also telephoned Mr X and explained everything. The Council reports Mr X said he understood and did not want to take the matter further.
9. We will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council responded appropriately by explaining why Mr X had received a bill and giving appeal rights if he disagreed. If Mr X disagreed with the way the Council had recalculated the CTS he could have appealed to the tribunal. It is reasonable to expect Mr X to have appealed because the tribunal is the appropriate body to consider CTS disputes.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because Mr X could have used his appeal rights.

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Investigator's decision on behalf of the Ombudsman