Summary: We will not investigate this complaint about a council tax account as Mr X can appeal against the liability decision to the Valuation Tribunal.

The complaint

1. Mr X complains the Council wrongly passed his council tax account to its enforcement agent (EA) after he says his liability had ended and that the Council is asking for payment for the wrong amount. Mr X wants the Council to correct his account, to remove it from its EA, and an apology for the account having passed to the EA.

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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 there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Valuation Tribunal (VT) is the independent body that hears and decides appeals about council tax liability. We are not empowered to make such decisions. It is reasonable therefore to expect Mr X to make an appeal to the VT about the Council’s decision on his liability for council tax, and we will not therefore investigate.
7. Mr X’s liability for council tax at the property in question ended in February 2024 when he moved out. However, the Council’s complaint responses to Mr X explain that there was still council tax outstanding after this date and why the account was passed to its EA, as the Council says Mr X did not keep to a repayment arrangement. I recognise Mr X is unhappy that the Council took this action but he has provided insufficient evidence of fault regarding this to warrant us investigating.

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Final decision

8. We will not investigate Mr X’s complaint because he can appeal against the Council’s liability decision to the VT and there is insufficient evidence of fault regarding its decision to pass the account to its EA.

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Investigator's decision on behalf of the Ombudsman