Summary: Mr X complains about the Council’s failure to respond to his appeal sent in February 2021 claiming an exemption from council tax. There are no good reasons to investigate this late complaint as it is caught by the time bar on our powers. And even if Mr X had complained promptly, we would have advised him it was reasonable to expect him to complain to the specialist tribunal that deals with appeals about council tax liability.

The complaint

1. In short, Mr X complains about the Council’s failure to respond to his appeal letter sent in February 2021. He says this was a five-page appeal letter claiming an exemption for council tax for a property he owns on the basis that it was empty as he is ill.
2. Mr X also says he has suffered discrimination for being older, ill, white and catholic.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. The law says we cannot normally investigate a complaint when someone can appeal 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 appeal. (Local Government Act 1974, section 26(6)(a), as amended)
6. The Valuation Tribunal deals with appeals against decisions on council tax liability.

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How I considered this complaint

7. I considered the information provided by the complainant and asked the Council for information.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. I will not investigate as Mr X has made his complaint late and it is therefore caught by our legal time bar on investigating. I do not see good reason to investigate now as I would have expected Mr X to complain to us within 12 months of becoming aware of his complaint.
10. I have considered Mr X’s reasons for not complaining in time however he was getting assistance from the Citizens Advice Bureau with his complaint. Further, even if he had complained in time, we would have advised him it was reasonable for him to complain to the specialist Valuation tribunal that deals with council tax exemption appeals.
11. Mr X’s complaint contains many other grievances, and he says he has suffered discrimination due to being a white man. For example, he has said he is being denied the opportunity to be the Prime Minister as he is not Indian. He also writes that if he was an asylum seeker his appeal letter would not have been ignored.
12. I do not consider that his references to discrimination under the Equality Act are relevant to his complaint.

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Final decision

13. I will not investigate this late complaint. There is no evidence to suggest that Mr X could not have complained to us sooner especially in view of the help he was receiving from the Citizens Advice Bureau. And his references to discrimination are not relevant to his complaint.

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Investigator's decision on behalf of the Ombudsman