Summary: Mr X complains the Council misled him about making a council tax reduction claim. As a result, he says the Council will not backdate his claim and he now has significant council tax to pay. The Ombudsman’s has not found fault by the Council.

The complaint

1. The complainant whom I shall refer to as Mr X, complains the Council has not backdated his claim for council tax reduction (CTR) despite a claim he made at the start of his tenancy. He says that the Council did not properly advise him and failed to respond to his appeal and complaints about the matter from October 2018.

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What I have investigated

2. I have investigated Mr X’s complaint that the Council misled him, but I have not investigated his complaint that the Council should backdate his claim or that the Council should award an exemption due to his Severe Mental Impairment. This is because Mr X has or had the right of appeal to the Valuation Tribunal regarding the Council’s decisions.
3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended). I consider it is reasonable to have expected Mr X to appeal these decisions.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I have considered the complaint and the copy correspondence provided by the complainant. I have made enquiries of the Council and considered the comments and documents the Council provided. I have also considered the complainant’s comments on my draft decision.

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What I found

7. Mr X moved to his new address in early April 2018. The Council says it did not receive any information from Mr X when he moved in. It says it was not until mid May 2018 when the Council’s enforcement agent visited the property regarding council tax arrears for a former tenant, that it realised he had moved in.
8. The Council set up a new council tax account for Mr X and sent him a bill. Mr X called the Council and asked about a council tax exemption. He said he did not have to pay council tax at his last address in a different Council’s area. He said he was disabled and his daughter was a student. The Council asked if Mr X had claimed CTR from his former Council. Mr X said he paid no council tax. The Council said that Mr X would pay 20% council tax in this area if he was entitled to CTR because its scheme did not cover the whole amount. The Council said he should look at the disregards that were available and that CTR was an income based benefit. The Council sent Mr X a student exemption form, a disabled relief form and a form for an exemption due to severe mental impairment (SMI) by email.
9. Mr X called the Council again in June and said he had not received the forms. The officer advised it had emailed these to him. The officer asked if Mr X meant council tax reduction forms and Mr X replied it was not CTR. He requested a form for an exemption. The Council sent hard copies of the exemption and discount forms.
10. Mr X returned the discount and exemption forms. The Council applied a student disregard to the account but could not apply the SMI exemption because the medical practitioners contacted did not confirm Mr X had a severe mental impairment.
11. Mr X made a council tax reduction claim on 19 September 2018. The Council paid CTR from 20 September 2019 and applied a one month backdate to 20 August 2018. It explained that the Council could only backdate up to one month and it had awarded this.
12. Mr X appealed to the Council regarding backdating. He said he had been told he should not have to pay any council tax at all. He said he had applied for a council tax disregard and had asked for CTR in the interim. However, the Council had only just advised that it could not backdate more than a month. Mr X said that he, or someone on his behalf had contacted the Council from the start of the tenancy and it had not advised him to claim CTR. Instead it had advised him to claim an exemption. The Council upheld its decision and advised Mr X that he could appeal to the Valuation Tribunal.
13. The Council also responded to Mr X’s complaint that it had given him the wrong advice. It said Mr X had not contacted the Council until 23 May2018. The Council said he asked about disablement relief and a student disregard. It said it had advised he could claim CTR and that he may still be liable for some council tax. When he called again it said he specifically stated it was not regarding CTR but regarding an exemption. Therefore, the Council did not consider it had given the wrong advice.

Analysis

14. I have not seen is evidence Mr X contacted the Council before 23 May 2018. The Council’s records show the DWP did not advise it that he had made a claim for Universal Credit at the address until March 2019.
15. I have listened to the Council’s telephone call recordings for two calls Mr X made in May and June 2018. Mr X was generally uncertain but also he appears to have believed he was entitled to an exemption or that he had “zero council tax” to pay as he had this when living at his previous address. The recordings show the officer advised Mr X about CTR and explained this is an income based benefit. However, the main focus of the discussion was regarding exemptions and disregards. I do not consider there is sufficient evidence the Council gave the wrong advice. It appears to have been led by Mr X’s focus on disregards and exemptions rather than the council tax reduction scheme. In my view the Council responded based on the information Mr X provided. I have not found evidence of fault here.
16. The Council assessed Mr X’s CTR promptly in September 2018 when he made a claim. It also backdated his claim a month which is the maximum backdate that can be paid in accordance with its council tax reduction scheme. The Council gave details regarding Mr X’s right of appeal to the Valuation Tribunal regarding its decision. I have not found fault here.
17. The Council sent four SMI forms to Mr X, but it has not received a form which a medical practitioner has certified Mr X is SMI. Therefore, it advised it cannot apply the exemption. However, if Mr X can provide details of a medical practitioner who can confirm he is SMI it will consider it. Mr X can also appeal as advised.

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Final decision

18. I have not found fault by the Council. I have completed my investigation and closed the complaint.

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Investigator's decision on behalf of the Ombudsman