Summary: We will not investigate this complaint about Council tax payments as they are out of time. Mr X also has a right of appeal to a tribunal.

The complaint

1. Mr X says that the Council has made a series of errors about his payments of Council tax since 2010.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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 the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says this payments of Council tax he has made since 2010 have been wrongly recorded and he has suffered ill health which has not been considered by the Council.
8. The Ombudsman would not investigate a complaint where the complaint could have been made within 12 months of the complainant becoming aware of the matter. I see no grounds for the Ombudsman to investigate the matters which took place from 2010.
9. Mr X asked the Council to write off the outstanding debt. The Council refused. Mr X can appeal to a Valuation Tribunal against the decision not to write off that debt. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.

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Investigator's decision on behalf of the Ombudsman