Summary: We will not investigate this council tax complaint because the complainant can appeal to the Valuation Tribunal. In addition there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council instructed bailiffs to collect council tax for a period when she was no longer living in the property. She says the Council ignored her evidence and refused to suspend recovery action while she was complaining. Ms X says the Council has treated her badly and been unprofessional.

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The Ombudsman’s role and powers

2. We investigate 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability.

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How I considered this complaint

5. I considered information provided by Ms X and the Council. This includes the email and complaint correspondence. I also considered our Assessment Code.

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My assessment

6. Ms X signed a 12 month tenancy in early 2020. Ms X moved out in May 2020. New tenants moved into the property during July 2020. The Council decided Ms X is liable for the council tax until July when the new tenants moved in.
7. Ms X disputes she is liable for the period between May and July. She sent evidence to support her case. The Council considered her evidence but decided it does not show her council tax liability ended in May.
8. The current position is that the debt is with bailiffs. The Council gave Ms X the opportunity to pay without incurring costs. It applied several holds to the account and signposted Ms X to the bailiff welfare team. The Council also signposted Ms X to the Valuation Tribunal; her deadline to appeal is 16 March. The Council said Ms X is required to pay the council tax pending an appeal to the tribunal but she will get a refund if the appeal is successful.
9. I will not start an investigation because Ms X can appeal to the Valuation Tribunal. It is reasonable to expect Ms X to appeal because the tribunal is the appropriate body to consider appeals about council tax liability. The tribunal can decide if Ms X’s liability ended in May or July. The tribunal is free to use and the Council notified Ms X of her appeal rights.
10. I also will not start an investigation because there is insufficient evidence of fault by the Council. The Council’s responses show it considered the evidence Ms X submitted and it explained in detail why it was not satisfied those documents showed the liability ended in May. And, because it did not change its decision, the Council acted correctly by signposting Ms X to the tribunal and saying she was required to pay pending the outcome of the appeal. The Council also applied several holds to the account, signposted Ms X to the welfare team, and gave her the opportunity to pay without incurring any costs. There is nothing more I would have expected the Council to do and there is nothing to suggest the Council has treated Ms X badly or behaved unprofessionally.

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Final decision

11. We will not investigate this complaint because Ms X can appeal to the tribunal and because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman