Summary: We will not investigate this complaint about Council tax debt because the matter has been remedied and there is a right of appeal to a Valuation Tribunal.

The complaint

1. Ms X says that the Council failed to provide a proper explanation of his Council tax debt and unreasonably pursued enforcement action against him.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. 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

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

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My assessment

7. Ms X says that she was told in February 2023 of outstanding Council tax debts and Council enforcement through bailiffs. She says that she would like proof of the debts.
8. The Council has provided two detailed explanations to her explaining how the debts arose and for what properties and periods they relate. The Council says that they wrote to her at her previous addresses from 2017 to date. The Council also says that she was emailed about the debt in 2021 and a letter to sent to her at her address in Hove urging to contact the Council about the debt.
9. I am satisfied that the Council has provided a detailed breakdown of the Council tax arrears and explained how they contacted Ms X. In the absence of any contact from Ms X the Council were entitled to chose a method of recovery of the arrears. The use of bankruptcy is an option available and not fault. Ms X can defend any such action in court if she is unable to arrange an alternative means of payment.
10. Any dispute about liability for Council tax for any of the properties or dates can be appealed 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.
11. Any dispute about information provided by the Council can be pursued to the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman