The Ombudsman's final decision
Summary: Mr X complains about the service of a summons by the Council for unpaid council tax, which he disputes. We will not investigate this complaint because there is no evidence of fault and there is a right of appeal to a Valuation Tribunal for liability disputes.
The complaint
Mr X complains about the service of a summons by the Council for unpaid council tax which he disputes.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended) The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. 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) The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
I considered the complainant’s comments on my draft decision.
My assessment
Mr X is jointly liable for council tax on a property. The Council altered the liability to sole liability when the other person left the country. Changes were made to the account again when the other person returned to the country. This left three council tax bills.
The Council served a summons on two of the accounts as they were in arrears.
I appreciate that the number of bills and payments would have been complicated but there is no evidence of administrative fault by the Council in the way the accounts were treated. Any dispute about liability for council tax is a matter for the Valuation Tribunal.
Final decision
I do not intend to investigate this complaint because there is no evidence of fault and there is a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman