Summary: We will not investigate this complaint about Mr X’s council tax account. This is because there is not enough evidence of fault by the Council to warrant investigation. Mr X can appeal to the Valuation Tribunal regarding the council tax discount and liability periods. We cannot investigate court action.

The complaint

1. Mr X complains says the Council charged council tax twice for a property he owns. He says it gave different figures, did not apply an unoccupied discount or cover the correct liability period. He also says the Council should not have sent two summonses to him and his wife.

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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 or continue 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. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
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 and the Council. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained to the Council regarding the matters in paragraph 1.
8. The Council replied explaining the reasons it had made Mr X and his wife liable for council tax for a certain period. It explained the bills it sent.
9. We will not investigate the Council’s handling of Mr X’s council tax account. There is not enough evidence of fault regarding the handling of the council tax for the property.
10. It is reasonable to expect Mr X to appeal to the Valuation Tribunal if he disagrees with the Council’s decisions on the liability period and unoccupied and unfurnished discounts. We will not investigate this part of the complaint as I explain in paragraph 4 and 5.
11. We cannot investigate the summons the Council sent as that is the start of court proceedings as I explain in paragraph 3.

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Final decisiony

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant investigation. It is reasonable to expect Mr X to appeal to the Tribunal, and we cannot investigate court action.

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Investigator's decision on behalf of the Ombudsman