Summary: We will not investigate this complaint about council tax. At our invitation the Council has agreed to tell Ms X about her appeal right. This is a suitable remedy. It is reasonable to expect her to appeal to the Valuation Tribunal.

The complaint

1. Ms X complains the Council wrongly continued her council tax liability at her old address for a period after she moved. The Council requested payment for this. Ms X says the Council’s poor communication caused her stress. She wants the Council to apologise and refund her a credit of £500.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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.
5. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended).

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How I considered this complaint

6. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X complained to the Council about the matters in paragraph 1.
8. The Council replied it revised Ms X’s council tax liability in line with the information it received from her. It transferred credit to her new address and so she had less to pay. However, following information from her landlord the Council reinstated a period of liability at her old address as she had not moved out as first stated. The Council sent Ms X a bill for the period, payable in instalments.
9. In its response to the Ombudsman the Council confirmed it did not advise Ms X of her appeal right in its complaint response. It has since changed its complaint response template to include details of the appeal to the Valuation Tribunal where there is a liability dispute. The Council considers its decision regarding Ms X’s liability period is correct having reviewed the matter.
10. If we investigated this complaint, it is likely we would find the Council at fault for not providing information to Ms X about her right of appeal to the Valuation Tribunal. This resulted in injustice to Ms X as she was not aware that she could appeal within two months of the Council’s letter.
11. We therefore asked the Council to consider remedying the injustice caused to Ms X by issuing a letter to her with its decision regarding her council tax liability and providing information about how to appeal to resolve the complaint early.

Agreed action

12. The Council has agreed to write to Ms X within a month of my decision setting out its liability period decision and giving her details of the right of appeal to the Valuation Tribunal.
13. It is reasonable to expect Ms X to appeal if she disagrees with the Council’s decision.

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Final decision

14. We will not investigate Ms X’s complaint because the Council has agreed to write to her with its decision and details of the right to appeal. We consider this is a suitable and proportionate remedy.

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Investigator's decision on behalf of the Ombudsman