Summary: We will not investigate this complaint about the Council’s decision to hold Mr X liable for council tax arrears. This is because he has used his right of appeal at Valuation Tribunal. In addition, we will not investigate Mr X’s complaint about contact made with Mr X or its failure to respond to his complaint. This is because there is insufficient injustice to warrant investigation.

The complaint

1. Mr X complained the Council wrongly pursued him for council tax arrears he was not liable for. He further complained the Council contacted him regarding the appeal he made to the Valuation Tribunal and failed to respond to the complaint he made about this.

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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. 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:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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How I considered this complaint

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

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My assessment

7. Mr X complained the Council applied for an attachment of earnings order to recoup unpaid council tax he was not liable for. He further complained the Council did not properly investigate the matter until he appealed liability at the Valuation Tribunal and contacted him via anonymous numbers to ask him to withdraw his appeal. Whilst the Council has since refunded him the payments, he remains unhappy with the situation and the Council’s delay in responding to the stage 2 complaint he raised.
8. The Ombudsman will not investigate matters where the complainant has exercised their right of appeal at Tribunal as these complaints are out of our jurisdiction. The Valuation Tribunal has already considered this matter and decided Mr X was not liable. We will therefore not investigate this part of the complaint.
9. Mr X wants us to find the Council at fault for its contact with him regarding the appeal and failing to reply to his complaint within required timescales. Whilst these parts of the complaint no doubt caused Mr X frustration; the evidence does not show that he was caused significant injustice due to this. The Ombudsman will not investigate matters where the complainant has not sustained significant injustice. In addition, we will not investigate a Council’s complaint handling where the substantive matters are outside of our jurisdiction.

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Final decision

10. We will not investigate Mr X’s complaint because he has used his right of appeal at Valuation Tribunal. In addition, we will not investigate Mr X’s complaint about contact made with Mr X or its failure to respond to his complaint. This is because there is insufficient injustice to warrant investigation.

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Investigator's decision on behalf of the Ombudsman