London Borough of Barnet (23 011 354)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 17 Nov 2023

The Ombudsman's final decision:

Summary: We will not investigate this late complaint about how the Council calculated Mr X’s council tax. It was reasonable for him to complain to us in 2021 when the Council signposted him to the Ombudsman.

The complaint

  1. Mr X complained about how the Council managed his council tax account. He says the Council miscalculated his council tax liability between 2018 and 2021, failed to be professional, competent and transparent, and acted in an oppressive and abusive way. He says the matter has caused his family significant distress and material loss. He wants the Council to reduce his council tax liability in line with his calculations, to cease enforcement action and to pay his family compensation for the distress caused.

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The Ombudsman’s role and powers

  1. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

  1. The central part of Mr X’s complaint is about how much council tax he should be liable to pay. He carried out calculations and came to a different figure to the Council for his bills between 2018 and 2021. He used the appeal process and the Council confirmed its final calculations. It accepted it had made some errors in previous calculations and adjusted his bills accordingly. It signposted him to the Valuation Tribunal.
  2. The law says people should complain to us within 12 months of becoming aware of the matter. I have considered Mr X’s assertion he was wrongly directed to the Valuation Tribunal rather than us. However, the Council clarified to Mr X in September 2021 the issues he raised were not for the Valuation Tribunal and were matters he could raise with the Ombudsman. I am satisfied he could therefore have brought the matter to us in 2021, and there is not a good reason for the two year delay in coming to us.

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Final decision

  1. We will not investigate Mr X’s late complaint because there is not a good reason for his delay in complaining to the Ombudsman.

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Investigator's decision on behalf of the Ombudsman

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