Medway Council (23 000 563)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 01 May 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s enforcement of a Council tax debt because there is no evidence of fault by the Council and she can appeal any dispute about liability to a Valuation Tribunal.

The complaint

  1. Ms X complains that the Council has unfairly served a summons on her for non payment of Council tax which she says she cannot afford to pay.

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The Ombudsman’s role and powers

  1. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
  2. 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)
  3. 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

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Ms X says that she cannot afford to pay the Council tax debt which led to the serving of a summons by the Council. The Council is allowed to serve a summons where payments of Council tax have not been made timely and in full. There is no evidence of fault in the way the Council served the summons and so the Ombudsman cannot question its service. Ms X can apply for Council tax support if she is unable to pay the bill.
  2. If Ms X disputes liability for the hill she has a right of appeal to a Valuation Tribunal. 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

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