The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint the Council was negligent in handling his council tax account, failed to help him remove his property from the council tax list, and wrongly obtained a bankruptcy order against him for a council tax debt causing significant financial loss. Mr X has or had a legal remedy at court which it is reasonable for him to use. He complains late outside the permitted period of 12 months.
The complaint
Mr X complains the Council was negligent in how it dealt with his council tax account on a property purchased in 2005. Mr X says the Council failed to help him and wrongly obtained a bankruptcy order for a council tax debt. Mr X says in 2019 the Council refunded council tax of some £18,000 following a valuation office/Lands Tribunal decision, backdated to 2008, that the property was not habitable. Mr X says the Council is responsible for his property and business losses of nearly a quarter of a million pounds. He says if the Council does not accept his claim, he intends issuing court proceedings.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended) 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)
How I considered this complaint
I considered information provided by the complainant including correspondence with the Council regarding his claim for damages.
My assessment
I will not investigate this complaint which is outside the Ombudsman’s jurisdiction for the following reasons: Mr X has an alternative legal remedy against the Council if he wishes to claim negligence (see paragraphs 2 and 3 above). I consider it reasonable for Mr X to use or have used his legal remedy. A court has the power to decide such a claim which the Council has rejected saying decisions on the listing of a property, for council tax, are made by the Valuation Office. The Ombudsman is not likely to achieve the outcome Mr X wants.
Mr X complains late, outside the permitted period of 12 months, about events which happened before August 2021 (see paragraphs 2 and 4). This includes the handling of the council tax account and the decision to take bankruptcy proceedings. Mr X could have complained to the Ombudsman sooner.
Final decision
The Ombudsman will not investigate Mr X’s complaint the Council was negligent in handling his council tax account, failed to help him remove his property from the council tax list, and wrongly obtained a bankruptcy order against him causing significant financial loss. Mr X has or had a legal remedy at court which it is reasonable for him to use. He complains late outside the permitted period of 12 months.
Investigator's decision on behalf of the Ombudsman