Summary: We will not investigate this complaint that the Council charged the complainant too much council tax. This is because there is insufficient evidence of fault by the Council and because the complainant could have appealed to the Valuation Tribunal.

The complaint

1. The complainant, Mr X, says the Council miscalculated and overcharged council tax. He says this made him homeless. Mr X wants the Council accept £25 in payment towards the council tax and award £2000 in compensation.

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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 and council tax support or reduction.

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How I considered this complaint

5. I considered information provided by Mr X. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

6. The Council sent Mr X, and his partner, a council tax bill for 2024/25. Mr X and his partner did not pay as billed and arrears accrued.
7. In July Mr X applied for Council Tax Reduction (CTR). The Council awarded CTR. The Council then found out that Mr X had not included his partner on his claim for CTR. Mr X explained they had separated but he did not move out until September. On the basis of this new information the Council adjusted the CTR and issued new bills. Mr X received CTR from July until September.
8. The Council issued a final bill, for Mr X and his partner, for April to September.
9. Mr X says the Council overcharged the council tax and would not accept his offer of £25. He also says the Council’s actions made him homeless.
10. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council assessed Mr X’s CTR claim based on the information he provided and reassessed the claim, and the council tax, after it found out he had not included his partner and that he then moved out. The arrears accrued because Mr X did not pay the council tax in accordance with the bill that was issued in March. There is nothing to suggest the Council overcharged Mr X and nothing to suggest Mr X was forced to leave due to the council tax.
11. If the account still has arrears for the period until September when Mr X was liable, then he could send the Council a financial statement to show how much he can offer each month in payment.
12. If Mr X thought the CTR award was wrong he could have used his appeal rights and appealed to the Valuation Tribunal. It is reasonable to expect Mr X to appeal because the tribunal is the appropriate body to consider whether a council has awarded the correct amount of CTR and charged the correct amount of council tax.

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Final decision

13. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because Mr X could have appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman