The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about council tax support. The complaint is late and there is insufficient evidence of fault.
The complaint
Mr X complains the Council did not award him council tax support which he was eligible for. He also complains the Council did not make him aware of the Council tax debt.
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 has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (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.
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 provider has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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 there is not enough evidence of fault to justify investigating. (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
In 2019 Mr X asked the Council for council tax support. The Council decided Mr X was not eligible.
We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mr X was informed of the Council’s decision in 2019 but did not complain to the Ombudsman until 2025. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so.
Even if we were to exercised discretion to consider the complaint, we would not investigate. The Council informed Mr X of his review right when they made their decision. It would have been reasonable for Mr X to ask for a review, and if he remained unhappy, he could appeal to the Valuation Tribunal. Complaints about the decision to award council tax support are generally outside our jurisdiction because complainants can appeal to the court.
Mr X also complains he was not aware of his council tax arrears and has been given misleading information about the debt. He says he was sent a bill saying he owed £0 and some letters were sent to an old address.
The Council say Mr X signed a declaration in 2022 saying he would pay the arrears. They say Mr X presented them with letters saying £0 was owed, but that this was for a more recent council tax year. I have seen insufficient evidence of fault in how the Council communicated with Mr X about the debt and I am satisfied that there is sufficient evidence to show that Mr X has been made aware of the debt.
Final decision
We will not investigate Mr X’s complaint because it is late and there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman