Summary: We will not investigate Mr X’s complaint about council tax reduction and the Council’s recovery of arrears. The complaint about events before September 2023 is late and there are no good reasons why it could not have been made sooner. If Mr X disagrees with the calculations of his council tax since September 2023, he can appeal to the Valuation Tribunal.

The complaint

1. Mr X complained the Council did not apply a council tax reduction to his account when it should have. He wants the Council to recalculate how much he owes and remove any court fees from his account.

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The Ombudsman’s role and powers

2. 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)
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 the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained the Council has failed to apply the correct reductions to his council tax since 2013. He said it did not consider his benefits or recognise his past income was lower than the government recommendation.
8. The Council responded to Mr X’s complaint with a breakdown of how it had calculated the amount he owed each year, dating back to 2013.
9. The Council acted to recover the debt by getting liability orders and applying for an Attachment of Benefits order. Mr X said the Council unfairly applied court fees to his account and instructed bailiffs.
10. We cannot investigate Mr X’s complaint about the Council’s council tax calculations and recovery action from before September 2023. This part of the complaint is late. I have not seen any good reason he could not have complained to us sooner.
11. We will not investigate Mr X’s complaint about the Council’s actions since September 2023. If Mr X does not think the Council has awarded the correct amount of council tax reduction, it is reasonable for him to appeal to the Valuation Tribunal.
12. The Valuation Tribunal deals with appeals about council tax liability and discounts and so we will not investigate.

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Final decision

13. We will not investigate Mr X’s complaint because part of it is late. If he disagrees with the Council’s recent calculations of his council tax, he can appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman