Summary: We will not investigate Mr X’s complaint about a council tax bill. The Council amended the bill following Mr X’s complaint and further investigation would not achieve a different outcome. It is reasonable for Mr X to appeal to the Valuation Tribunal about the Council’s refusal to apply a single person discount.

The complaint

1. Mr X complains the Council billed him incorrectly for council tax as he was not living in the property for a period, and it did not apply a single person discount. He also says the Council delayed telling him about the debt.

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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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating or further investigation would not lead to a different outcome. (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 and council tax support or reduction.

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How I considered this complaint

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

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My assessment

7. Mr X says that he was not aware of the council tax debt until November 2023. The Council sent letters to Mr X’s last known address, as it was not aware he had moved. There is not enough evidence of fault to justify investigating. ,
8. Mr X complained to the Council after becoming aware of the debt in November 2023. He provided information to confirm the dates he was resident and details of tenants resident at other times. The Council remedied this by recalculating the debt to reflect the correct dates. I will not investigate this part of Mr X’s complaint because doing so would not lead to a different outcome.
9. Mr X has since paid the outstanding debt but asked for a refund for the value of the single person discount he says he should receive. The Council refused the discount and upheld its decision at stage 1 and 2 of the complaints process.
10. The Council told Mr X of his right to appeal to the Valuation Tribunal before responding to the stage 2 complaint. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. It is reasonable for Mr X to appeal to the Tribunal because it is best placed to deal with such disputes. I see no good reason to exercise discretion and investigate further.

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Final decision

11. We will not investigate Mr X’s complaint because there is no evidence of fault, and because it is reasonable for him to use his right of appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman