The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council did not provide a council tax refund he is entitled to. This is because the Council has agreed to provide Mr X with appeal rights to resolve the complaint.
The complaint
Mr X complained the Council failed to provide a council tax refund he was entitled to.
He further complains the Council has not provided an accurate breakdown of his council tax payments or properly responded to his complaint.
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 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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained the Council failed to provide a council tax refund he was entitled to.
The Council’s final complaint response said Mr X had received all the refunds he was due. The response did not refer Mr X to the Valuation Tribunal.
If we investigated this complaint, it is likely we would find the Council at fault because it did not tell Mr X he could appeal its decision to the Valuation Tribunal. We therefore asked the Council to consider remedying the injustice caused by its actions by sending Mr X a revised final decision including his appeal rights and reminding its staff to do this in future where applicable.
It is not a proportionate use of our resources to investigate complaints about the Council’s complaint handling when we are not investigating the substantive issue.
Agreed Actions
To its credit the Council has agreed to resolve the complaint by carrying out the suggested actions and will do so within one month of the date of this decision.
Final decision
We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr X.
Investigator's decision on behalf of the Ombudsman