The Ombudsman's final decision
Summary: We will not investigate this complaint about being refused a Care Leaver Exemption for council tax. This is because there is insufficient evidence of fault by the Council, and we could not achieve the outcome the complainant wants.
The complaint
Miss X complains the Council refused to award her a Care Leaver Exemption despite her being a care leaver. She says this affected her physical and mental health adversely as a care leaver living with complex PTSD. Miss X wants the Council to use its discretionary powers to award her the Exemption.
The Ombudsman’s role and powers
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 an investigation if we decide: there is not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.
My assessment
Miss X applied for a Care Leaver Exemption. She provided evidence in the form of a letter from a different Council confirming that she was a care leaver.
This Council’s policy states that care leavers can apply for a Care Leaver Exemption provided they had been a looked after by Bradford MBC. As Miss X was looked after in a different Council area the Council advised her she did not qualify. It advised her to apply for Council Tax Reduction if she was on a low income.
We will not start an investigation because there is insufficient evidence of fault by the Council. The Council’s policy states the exemption applied for would only apply to former care leavers of Bradford MBC. As the Council is acting in accordance with its policy we will not investigate.
I also will not start an investigation because we cannot achieve the outcome Ms X would like. The Council will only award the exemption if Miss X meets its policy criteria. We have no powers to ask the Council to award the exemption without the criteria being met. I acknowledge Ms X feels the policy is unfair but that there are no grounds for the Ombudsman to intervene.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council, and we could not achieve the outcome Ms X wants.
Investigator's decision on behalf of the Ombudsman