Summary: We will not investigate this complaint about the Council’s refusal to discuss the legal basis for the collection of council tax and its net zero carbon agenda. We cannot investigate matters that affect all or most of the people living in a Council’s area.

The complaint

1. Mr X complains about how the Council responded when he raised concerns about whether it collects council tax lawfully and its net zero carbon agenda. He complains the Council refused to respond to his concerns with evidence in the way of legislation. He says the matters he raises will negatively impact the finances and health of people in its area. He says the matter has led him to lose faith in the Council. He wants the Council to discuss the matter further with him.

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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. We cannot investigate an action that we decide affects all or most of the people living in an organisation’s area. (Local Government Act 1974, section 26(7), as amended)
4. 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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

8. We cannot investigate Mr X’s complaint because the collection of council tax and the pursuit of the Council’s net zero carbon agenda are issues that affect most of the people living in the Council’s area.
9. In any event, we would not investigate this complaint because it was brought to us late. Mr X has been complaining to the Council about these matters since 2021. He raised his complaint again in January 2023, and brought it to us in February 2024.
10. In addition, we would not investigate this complaint because it is a matter that should be decided in court. The Council suggested that, should Mr X consider it was not acting correctly in the way it charges council tax, he could take his own legal advice on this. Where there is an argument about what is meant by the legislation, it is not for us to interpret the law. Mr X could take legal action himself. Alternatively, he could refuse to pay his council tax and defend his position in court when the Council takes enforcement action.
11. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. Mr X’s complaint is also about how the Council responded when he contacted it and its decision it would not communicate further about the matter. The Council is entitled to use its Unreasonable Customer Behaviour Policy when it believes a person is communicating unreasonably. It has made its stance clear and told Mr X how he can challenge its position if he wishes.

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Final decision

12. We will not investigate Mr X’s complaint because we cannot investigate something that affects all or most of the people in a council’s area.

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Investigator's decision on behalf of the Ombudsman