Summary: The Ombudsman will not investigate this complaint about council tax arrears and council tax benefit or support. This is because the complaint is late and because the complainant could have used her appeal rights.

The complaint

1. The complainant, whom I refer to as Mrs X, complains the Council has sent her a large council tax bill and failed to award all the benefit she is entitled to. Mrs X wants the Council to award benefit and reduce the arrears.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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)
5. 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

6. I read the complaint and the Council’s response from January 2020. I considered comments Ms X made in reply to a draft of this decision.

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What I found

Council tax benefit or council tax support

7. If someone disagrees with a benefit decision they can appeal to the tribunal. Appeals have to be lodged within a couple of months of the date of the disputed decision, depending on which benefit was being claimed.

What happened

8. In January 2020 Mrs X complained to the Council about council tax arrears of about £3500. She said she has always been entitled to benefit and is unable to work due to health issues.
9. The Council replied in January. It provided a breakdown which showed Mrs X has had council tax arrears since 2011/12. The breakdown showed Mrs X has not had an entitlement to benefit in every year. The Council explained why Mrs X has not been continuously entitled to benefit. For example, it explained that her claim ended in 2011 because she did not reply to a request for information. The Council invited Mrs X to get in touch if she needed support to manage her payments.
10. The Council, in January, invited Mrs X to escalate her complaint. Mrs X did not do so but instead contacted the Ombudsman in July.

Assessment

11. I will not start an investigation for the following reasons.
12. Mrs X has substantial arrears which started in 2011 when her council tax benefit ended and the arrears have gradually increased each year. But she did not complain to the Ombudsman until 2020. I have not seen any good reason to accept such a late complaint especially as Mrs X did not escalate her January 2020 to the Council. And, while there is current enforcement action, it relates to historic arrears linked to historic benefit issues.
13. Mrs X says she did not receive the January reply. However, she submitted a copy of it with her complaint to the Ombudsman. Ms X could have contacted the Council to chase a reply earlier in the year.
14. I also will not start an investigation because Mrs X could have appealed to the tribunal if she disagreed with any of the decisions to end or change her entitlement to benefit. Although Mrs X says she been continuously entitled to benefit there have been some years, since 2011, when no benefit has been awarded. If Mrs X thought that was wrong then she could have used her appeal rights for each benefit decision. It is reasonable to expect her to have appealed because the tribunal is the appropriate body to consider disputes about benefit decisions.
15. Ms X says she knew nothing about the arrears or the end of the benefit claims. But, the Council has issued reminders and courts summonses, and each annual council tax bill would have referred to the arrears. In addition, since 2011, the Council has issued many letters and decisions about the council tax reduction (benefit).

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Final decision

16. I will not start an investigation because this is a late complaint and because Mrs X could have used her appeal rights.

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Investigator's decision on behalf of the Ombudsman