Summary: We will not investigate this complaint about the Council’s pursuit of Miss X for unpaid council tax. This is because Miss X has right of appeal to the Valuation Tribunal; it would therefore be reasonable for her to use it. Further, the events complained about took place more than 12 months ago and are therefore outside of our jurisdiction due to the time that has passed.

The complaint

1. Miss X complained the Council has referred her account to collections for unpaid council tax she does not owe.

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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. 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 and council tax support or reduction.
5. 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

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

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My assessment

8. Miss X complained to the Council regarding contact she had received from a bailiff relating to unpaid council tax incurred several years ago. Miss X said she was a student at the time the debt was accrued and she was therefore exempt from paying council tax. She provided a student certificate in support of her complaint.
9. The Council told Miss X she had first complained about this in 2014 and she was given information about how to appeal at the time but did not take further action. The Council said it would not waive the debt.
10. Miss X wants us to find the Council at fault for maintaining that she owes the disputed debt. The Ombudsman will not usually exercise discretion to investigate complaints relating to matters which the complainant could appeal at a tribunal. The Valuation Tribunal was set up to determine whether a complainant is liable for council tax and so it is open to Miss X to refer the complaint to the tribunal.
11. In addition, the evidence indicates Miss X has known about this matter for more than 12 months. It would have been reasonable for Miss X to bring this matter to our attention much sooner. The Ombudsman will not usually exercise discretion to investigate matters that took place this long ago unless there are good reasons to do so.

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Final decision

12. We will not investigate Miss X’s complaint because she has right of appeal to the Valuation Tribunal; it would be reasonable for her to use it. Further, the events complained about took place more than 12 months ago and are therefore outside of our jurisdiction due to the time that has passed.

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Investigator's decision on behalf of the Ombudsman