The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to backdate Miss X’s council tax reduction entitlement. This is because the complaint is late and there is no good reason to exercise discretion to investigate.
The complaint
Miss X complained the Council delayed setting up her residential council tax account and this stopped her for applying for a council tax reduction.
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 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 Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained the Council delayed setting up a residential council tax account or sending her bill which prevented her from applying for council tax reduction (CTR). She said the Council should apply the reduction as she was entitled to it.
The Council said the delay did not prevent Miss X from applying for CTR and she did not appeal the Valuation Tribunal’s decision not to award it in June 2024.
Miss X wants us to find the Council at fault. The Ombudsman will not usually exercise discretion to investigate complaints about events that took place more than 12 months ago unless there are good reasons to do so. The events complained about took place in 2022. It would therefore have been reasonable for Miss X to come to us sooner. There is no good reason to exercise discretion to investigate.
Final decision
We will not investigate Miss X’s complaint because the complaint is late and there is good reason to exercise discretion to investigate.
Investigator's decision on behalf of the Ombudsman