Summary: Ms X complained about the Council’s refusal to reconsider her application for council tax support which she made in error in 2018. The Ombudsman should not exercise his discretion to investigate this complaint which was received outside the normal 12-month period for considering complaints.

The complaint

1. The complainant, whom I shall call Ms X, complains about the Council refusing to reconsider an application which she made in 2018 for council tax discount. She says she should have made a claim for council tax support and used the wrong application. When she resubmitted it she says the Council would not backdate the claim.

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The Ombudsman’s role and powers

2. 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)
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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

5. I have considered all the information which Ms X submitted with her complaint. I have also considered the Council’s response.

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What I found

6. Ms X says she submitted a claim for council tax discount instead of council tax support in March 2018 when she became unemployed and applied for universal credit. She says she asked the council to backdate the claim but it refused. She later received a summons and in 2019 the Council obtained an attachment of benefits to recover the arrears.
7. The Council wrote to Ms X in July 2018 and told her that she could appeal against the Council’s decision on the amount awarded. The Council’s calculations show that council tax support was awarded from March but that it did not cover the full amount owed. Following a further amendment to her claim the Council wrote to Ms X again in September 2018, again advising her she could appeal the decision.
8. Ms X did not submit an appeal to the tribunal or complain to us. In 2019 the Council issued a summons for the arrears and it obtained a liability order from the Magistrates Court in 2019. Because no payments were received to reduce the arrears the Council applied to the Department of Work and Pensions to obtain an attachment of benefits which is currently in force.
9. The Ombudsman cannot normally consider complaints about matters which the complainant was aware of more than 12 months before complaining to us. Ms X could have complained to us in the 12 months after the decision in 2018. However, had she done so we would have advised her to appeal to the Valuation Tribunal which is the proper authority to consider appeals about discounts and reductions.

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Final decision

10. The Ombudsman should not exercise his discretion to investigate this complaint which was received outside the normal 12-month period for considering complaints.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman