Summary: We will not investigate this complaint about the Council’s administration of Miss X’s council tax account. This is because at the heart of this complaint is a dispute about liability and Miss X can appeal to the Valuation Tribunal about this.

The complaint

1. Miss X complains about delay and other maladministration in how the Council dealt with her council tax account after she purchased a property. Miss X complains the Council reversed a decision to award single person council tax discount after she complained and has incorrectly charged her an empty property council tax premium. Miss X believes the Council has treated her unfairly due to her race and says these problems have had a negative impact on her mental health.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 alleged fault has not caused injustice to the person who complained to a level to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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

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

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My assessment

7. The issue at the heart of Miss X’s complaint is one of liability; Miss X disputes the Council’s decisions on her eligibility for single person council tax discount and to apply an empty property premium to her account. Miss X can appeal about these decisions to the Valuation Tribunal (VT), the independent body which adjudicates on council tax liability disputes. We are not empowered to hear appeals or make such determinations. It is reasonable therefore to expect Miss X to make such an appeal and we will not investigate.
8. I note that Miss X says the Council did not advise her of her appeal rights to the VT when it was in communication with her about this matter. Any fault in this regard did not however cause Miss X an injustice as she says she was already aware of this right.
9. We will not investigate the Council’s handling of the account in isolation. While I recognise the matter has been protracted for Miss X and has undoubtedly led to a degree of stress and inconvenience, I do not consider there is evidence of personal loss or harm to her significant enough to justify our further involvement. We have limited resources and must direct them to the most serious cases. I do not consider it would be in the public interest to investigate this aspect of the complaint.
10. I note that Miss X considers the Council discriminated against her due to her race and gender however, there is no evidence to indicate this specific complaint has been made to the Council. Miss X must do this before we could assess this matter.
11. For these reasons, we will not investigate.

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Final decision

12. We will not investigate Miss X’s complaint because she can appeal against the Council’s liability decisions to the VT and any injustice arising from ancillary matters is not sufficient to justify our further involvement.

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Investigator's decision on behalf of the Ombudsman