The Ombudsman's final decision
Summary: We will not investigate this complaint about a council tax charge as the Council is to consider the individual circumstances of the case further and this is an acceptable way forward.
The complaint
Mrs X complained about a council tax charge the Council levied on her mother’s property after it had previously exempted it from council tax due to Mrs X’s mother’s disability and personal circumstances. Mrs X wants the Council to waive the charge.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 it would be reasonable to allow the Council further time to consider the case (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council said that an empty property council tax charge was applied to the property after it had previously been exempted due to Mrs X’s mother’s disability. It has told me this case has not been considered as a complaint and that it will do this now as well as consider its discretion as to what council tax charge to levy and/or whether a further exemption ought to be applied.
We are not empowered to decide what council tax should be paid or to ask the Council to waive council tax. As such, I consider this to be an appropriate way forward for this complaint and we will not therefore investigate.
Final decision
We will not investigate Mrs X’s complaint because the Council is to consider the matter further in the manner which Mrs X wanted.
Investigator's decision on behalf of the Ombudsman