Summary: We will not investigate Mr X’s complaint alleging the Council has failed to provide him with a refund of Council Tax. This is because we are unlikely to add to the Council’s investigation.

The complaint

1. Mr X complains the Council failed to refund Council Tax he says is owed to him. He says he is not liable to pay Council Tax and seeks a refund of £3,521.

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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:

• we could not add to any previous investigation by the organisation.

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

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How I considered this complaint

3. I considered information provided by the complainant, which includes the Council’s response.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council responded to Mr X. It said Council Tax remains payable while Mr X’s property remains on the Valuation List. It noted Mr X has provided a letter from the Valuation Office suggesting the property had been removed from the list, but the Council said it had not been told this. The Council advised it would contact the Valuation Office for clarification. It also agreed to withdraw a Council Tax summons in the meantime.
6. We will not investigate. We could not add to the Council’s investigation. This is because the question of whether a property should appear in the Valuation List, and what banding should apply, is a matter determined by the Valuation Office and not the Council.

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Final decision

7. We will not investigate Mr X’s complaint because we could not add to the Council’s investigation.

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Investigator's decision on behalf of the Ombudsman