Summary: We cannot investigate this complaint about the Council’s handling of Miss X’s council tax account. This is because it concerns her liability for council tax and she has already used her right to appeal to the Valuation Tribunal.

The complaint

1. Miss X would like to be compensated for the Council’s delays and errors in assessing her council tax bill. She also complains about having to appeal to the valuation tribunal who advised the Council were wrong about her access to a discretionary relief fund.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. 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)
5. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

6. I considered the information provided by the complainant. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We cannot investigate any aspect of Miss X’s complaints as she has already used her right to appeal to the specialist tribunal.

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Investigator's decision on behalf of the Ombudsman