Summary: We will not investigate this complaint about an overpayment of council tax as we cannot achieve the outcome the complainant asks for and there is insufficient evidence of fault by the Council to warrant our involvement.

The complaint

1. Ms X complains she was forced to pay council tax and enforcement agent fees for a period she says she was not liable for. Ms X seeks a refund of the money she paid.

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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 or may decide not to continue with 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)

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How I considered this complaint

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

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My assessment

6. In its stage two complaint response, the Council sets out the billing and recovery action it took in respect of the debt in question and says as the action was valid, no refund will be paid.
7. I have checked the Council's recovery policy and it appears to have acted in accordance with this. As such, there is insufficient evidence of fault by the council in taking recovery action, to warrant our further involvement. In addition, we are not able to determine if the council wrongly held Ms X responsible for council tax for the period in question. The Valuation Tribunal (VT) is the independent body which can determine liability and it was open to Ms X to appeal against the Council's decision on her liability, to it. It is reasonable to expect Ms X have done this and we are not empowered to ask the Council to refund disputed council tax paid.
8. For these reasons, we will not investigate.

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Final decision

9. We will not investigate Ms X’s complaint because the disputed liability could have been addressed via an appeal to the VT and there is insufficient evidence of fault in respect of recovery action taken by the Council to warrant our involvement

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Investigator's decision on behalf of the Ombudsman