Summary: We will not investigate this complaint about a Council tax debt because it has been remedied and could have been appealed to a Valuation Tribunal. Part of the complaint is also out of time for investigation.

The complaint

1. Ms X complains that the Council failed to explain why she was in arrears of Council tax.

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The Ombudsman’s role and powers

2. 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)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
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. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

8. Ms X says that the Council incorrectly held her liable for Council tax from 8 May 2019 for a property she left on 28 March 2019. The had instructed bailiffs to pursue this debt.
9. The Council now agrees to alter the date the date Ms X provided. They have recovered that debt from the bailiffs.
10. I am satisfied that this remedies the complaint about the date of liability. Ms X had a right of appeal to a Valuation Tribunal had she wished to dispute the date at the time she was held liable. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
11. Ms X still owes arrears for Council tax on previous years. This complaint is out of time for an Ombudsman investigation but she can make a separate request for information about these debts.

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Final decision

12. We will not investigate Ms X’s complaint because it has been remedied and there was a right of appeal to a tribunal and parts of the complaint are out of time.

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Investigator's decision on behalf of the Ombudsman