Summary: We will not investigate this complaint about the Council’s failure to properly respond to Mr X’s questions regarding his council tax account. This is because an investigation would be unlikely to find fault with the Council’s actions. In addition, the Valuation Tribunal is best placed to investigate matters of council tax liability.

The complaint

1. Mr X complained he has asked the Council several times for information about whether he can return to his property and the Council has failed to respond. He also complains the Council is holding him responsible for council tax debt he is not liable for.

Back to top

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 investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X wrote to the Council to ask whether he can comfortably resume living in the UK after he left several years ago because he felt he was being persecuted for his beliefs.
8. The Council told Mr X it could not advise him as to his legal rights but confirmed he was liable for council tax and encouraged him to pay the accruing balance. Mr X and the Council continued to communicate but were unable to reach a conclusion, so Mr X brought the issue to us.
9. Mr X wants us to find the Council at fault because he feels he cannot reside in the property due to his uncertainty about the Council’s stance towards his beliefs. The evidence shows the Council has tried to help Mr X by asking for specific details relating to his queries. The Council has informed Mr X why he would be expected to pay council tax and what the outstanding balance is. It is open to Mr X to conduct his own research regarding the law and any protections he may be owed due to his beliefs. An investigation would be unlikely to find fault with the Council’s actions.
10. In addition, the Valuation Tribunal was set up to oversee disputes regarding council tax liability. As Mr X disputes that he is responsible for paying the council tax, it would be reasonable for him to refer this part of the complaint to the Tribunal.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions. In addition, the Valuation Tribunal is best placed to investigate matters of council tax liability.

Back to top

Investigator's decision on behalf of the Ombudsman