Summary: We will not investigate this complaint about Council tax liability as Mr X can appeal against it to the Valuation Tribunal. That Mr X was given a council tax refund in error by the Council has not caused him sufficient injustice to justify our further involvement.

The complaint

1. Mr X complains the Council issued him with a council tax refund by mistake and is now asking him to repay the money. Mr X would like the debt to be scrapped as he considers he has been treated unfairly.

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The Ombudsman’s role and powers

2. 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)
3. 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 any fault has not caused injustice to the person who complained (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. In error, the Council made a refund to Mr X of money he had paid for council tax. The error was rectified, and the Council asked Mr X to repay the money. It apologised for the error and offered to accept payment in instalments.
7. While I recognise that Mr X remains unhappy about what took place, I do not consider this represents a sufficient level of personal injustice to justify our further involvement. In terms of the money the Council has demanded, the Council is legally obliged to collect council tax from liable persons; it holds Mr X liable for the period in question and so the tax must be paid.
8. If Mr X disputes the liability decision itself, he has the right to appeal it to the Valuation Tribunal (VT), the independent tribunal that determines such council tax disputes. It is reasonable to expect Mr X to make such an appeal if he considers he is not liable for the tax.
9. For these reasons, we will not investigate.

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Final decision

10. We will not investigate Mr X’s complaint because he can challenge the liability decision by way of an appeal and there is insufficient ancillary injustice caused to him to justify our further involvement.

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Investigator's decision on behalf of the Ombudsman