Summary: We will not investigate this complaint about how the Council handled Miss X’s Council Tax account and enforcement action. This is because further investigation would not lead to a different outcome.

The complaint

1. Miss X complained the Council unfairly pursued her for Council Tax. She said the Council took enforcement action but did not consider her vulnerabilities. She said this caused her and her daughter distress. She wants the Council to accept she is not liable and stop enforcement action.

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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:

• further investigation would not lead to a different outcome, or
• another body is better placed to consider the complaint

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law says we cannot normally investigate a complaint when someone has a right of appeal, 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.

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How I considered this complaint

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

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My assessment

7. Miss X said the Council should not have treated her as liable for Council Tax when she decided not to move into temporary accommodation. She said the accommodation offered was not suitable. The Council said she was liable to pay Council Tax because she accepted the accommodation initially.
8. We will not investigate this complaint. The Ombudsman will not usually investigate complaints where another body is better placed to deal with it, unless there are good reasons to do so. The Valuation Tribunal was set up to consider complaints about council tax liability. It would have been reasonable for Miss X to refer this complaint to the Tribunal.
9. Miss X said the Council did not consider her personal circumstances when it started enforcement action. A male enforcement officer visited Miss X’s home unannounced. This left Miss X feeling distressed and unsafe due to her personal circumstances.
10. The Council said it did consider her circumstances and, it stopped all recovery action and refunded the recovery fees.
11. We will not investigate as the Council stopped enforcement action and removed the extra fees. Therefore, further investigation by the Ombudsman would not lead to a different outcome.

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Final decision

12. We will not investigate Miss X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman