Summary: We will not investigate this complaint about Council tax liability as there is a right of appeal to a Valuation Tribunal. The complaint is also out of time. Part of the complaint is also for the Information Commissioner and Housing Ombudsman.

The complaint

1. Mr X complains that the Council unfairly charged him Council tax.

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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 Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
4. 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)
5. 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

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X says that the Council has unfairly pursued him for Council tax. He complained about this in 2023. I see no reason why the 12 month time limit should be disapplied in this case and so the complaint is out of jurisdiction.
9. Nevertheless, there is a right of appeal to a Valuation Tribunal about liability. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
10. Mr X has sought information from the Council. Any dispute about the provision of information is a matter for the Information Commissioner.
11. Mr X also raised matters relating to his housing but these are matters for the Housing Ombudsman.

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Final decision

12. We will not investigate Mr X’s complaint because the complaint is out of time and there is a right of appeal to a Valuation Tribunal. Part of the complaint is for the Information Commissioner and Housing Ombudsman.

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Investigator's decision on behalf of the Ombudsman