Summary: We will not investigate this complaint about the Council declining to compensate Mr X for seven months’ loss of earnings amidst a council tax dispute which Mr X successfully appealed via the Valuation Tribunal. The matter is best considered by the courts.

The complaint

1. Mr X complained the Council failed to compensate him for seven months’ loss of earnings caused when he had to resign from his employment with it amidst a council tax dispute. He wants the Council to apologise and pay him compensation.

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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:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X had a dispute with the Council in 2020 relating to his council tax liability. He says he felt discriminated against and he had no other option than to leave his employment with the Council.
7. The Valuation Tribunal has since upheld Mr X’s appeal, so Mr X returned to the Council asking it to pay him compensation for the seven months he spent out of work which he says resulted from its actions. It declined to do so, and he approached the Ombudsman.
8. We cannot investigate the alleged fault, which relates to council tax liability and has already been considered by the Valuation Tribunal. We cannot therefore consider any injustice arising from the original issue.
9. In any event, it is not our role to assess economic losses or award compensation, and we direct people to the courts where that is their primary goal. In this case, Mr X is seeking a significant sum which is outside of what the Ombudsman could achieve. It is open to Mr X to seek legal advice.

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Final decision

10. We will not investigate Mr X’s complaint because it is a matter that would best be considered by the courts.

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Investigator's decision on behalf of the Ombudsman