Summary: We cannot investigate this complaint about a council tax increase set by the Council. The law prevents us from investigating complaints that affect all or most people in an area. For the rest, the courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate.

The complaint

1. Mr X complained the Council provided inaccurate information in its budget so it could increase council tax in its area.
2. Mr X also said he was prevented from questioning this at a public cabinet meeting, and said the Council refused to consider his resulting complaint.
3. Mr X said this caused distress and frustration.
4. Mr X wants the Council to return the extra revenue made by its council tax increase to taxpayers and discipline a senior officer for abusing their position.

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The Ombudsman’s role and powers

5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
7. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

8. I considered information provided by Mr X.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. We cannot investigate the substantive part of Mr X’s complaint. The law prevents us from investigating complaints about increases in council tax a local authority sets as it affects all or most people in the area.
11. We will also not investigate Mr X’s complaints about the Council’s handling of a public cabinet meeting and the Council’s refusal to consider his complaint about the matter.
12. The courts have said we can choose not to investigate a complaint about an organisation’s actions if the law says we are not allowed to investigate the substantive matter.

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Final decision

13. We cannot investigate Mr X’s complaint because the substantive matter affects all or most people in the area. For the rest, the courts have said we can decide not to investigate complaints about the actions of a council concerning a matter the law says we cannot investigate.

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Investigator's decision on behalf of the Ombudsman