Summary: We will not investigate this complaint about the Council’s handling of Ms X’s council tax account as there is insufficient evidence of fault by the Council and Ms X can appeal against the Council's decision on her liability to the Valuation Tribunal.

The complaint

1. Ms X complains about the Council's decision to continue to hold her liable for council tax even though she has had to move out of her rental property due to a flood. Ms X also complains that her contact with the Council was initially ignored and then passed around various members of staff who asked her to submit evidence. Ms X complains this has meant she has had to spend time responding to these requests and that this, along with the financial demand on her, has caused her stress and sleepless nights.

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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 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 if there is insufficient evidence of fault or that any fault has not caused injustice to the person who complained (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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)
5. 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

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

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My assessment

8. In its complaint responses to Ms X, the Council has advised that Ms X remains liable for council tax at the property unless the landlord releases her from the tenancy and confirms this to the Council. The Council has explained that it no longer offers council tax discounts on properties that are not occupied, and so council tax is still due to be paid. It has advised Ms X that the property can be removed from the council tax list as uninhabitable but that this must be done by a separate agency, the Valuation Office Agency (VOA), and that either she or her landlord will need to attend to this.
9. The Council has considered the situation and advised Ms X of her continuing liability and what steps she can take to address this. While I recognise that Ms X is not happy with this outcome, we will not investigate because there is insufficient evidence of fault in the Council’s consideration of this matter, and we cannot therefore criticise its decision. In addition, ultimately, we cannot resolve council tax disputes and cannot determine what Ms X’s liability should be. If Ms X considers the Council is wrong to hold her liable for council tax, she can appeal against its decision to the Valuation Tribunal (VT), the independent body which can adjudicate on this.
10. Any problem Ms X is experiencing with her landlord not taking action is between her and her landlord and is not a matter for the Council.
11. I understand that Ms X has been required to take time out to deal with this issue but I do not consider that this represents a level of injustice that would warrant our investigating how the Council has administered its responses to her.
12. For these reasons, we will not investigate.

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Final decision

13. We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council in how it has considered Ms X’s situation, and Ms X can appeal against the Council's decision on her liability to the VT.

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Investigator's decision on behalf of the Ombudsman