Summary: We will not investigate this complaint about the Council’s administration of a council tax account as we cannot achieve the outcome Mr X seeks.

The complaint

1. Mr X complains that due to faults in the way the Council administered a council tax account, he has been belatedly issued with a large bill which Mr X does not feel he should have to pay.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6))
3. 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)

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How I considered this complaint

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

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My assessment

6. The Council has decided Mr X is liable for council tax and it has a legal duty to collect the tax. Parliament has provided a statutory appeal process, to an independent tribunal (the Valuation Tribunal), which Mr X can follow if he considers he is not liable for the tax. We have no powers to determine his liability and so if Mr X wishes to challenge it, it is reasonable to expect him to appeal.
7. The Council has put in place an extended payment plan for Mr X and has also advised him he has the right to make an application for a discretionary reduction in the council tax owed. We cannot add to this, and we cannot cancel the bill.
8. For these reasons, we will not investigate.

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Final decision

9. We will not investigate Mr X’s complaint because we cannot cancel the council tax bill and so we cannot achieve the outcome Mr X seeks.

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Investigator's decision on behalf of the Ombudsman