Cambridgeshire and Peterborough Combined Authority (23 006 874)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 11 Sep 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a mayoral precept charge applied to Mr X’s council tax. This is because it relates to matters that affect all or most residents in Mr X’s area and is therefore outside of our jurisdiction.
The complaint
- Mr X complained about a mayoral precept charge included on his council tax bill which he is not happy to pay.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
- The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained about a mayoral precept charge which was introduced earlier this year to assist with the local bus services. He said he does not use the buses and he therefore does not feel he should have to pay it. He also complained that the Council failed to properly respond to the complaint he raised about this.
- The Ombudsman cannot investigate matters that affect all or most of the residents living within a council’s area. The mayoral precept charge has been applied to all council tax paying households in the borough and therefore Mr X is not suffering a personal injustice due to the charge. This matter is outside of our jurisdiction.
- As we are unable to investigate the substantive complaint, we cannot investigate the complaint Mr X has raised about the Council’s complaint handling.
Final decision
- We will not investigate Mr X’s complaint because it relates to matters that affect all or most residents in Mr X’s area and is therefore outside of our jurisdiction.
Investigator's decision on behalf of the Ombudsman