Summary: Mr X complained the Council failed to properly advise him when he called it in May 2019 to discuss his entitlement to Council tax reduction. He also complained the Council failed to keep a record of his call. I have discontinued my investigation. This is because there is no evidence supporting Mr X’s statements and no evidence of fault on the part of the Council.

The complaint

1. Mr X complained the Council failed to advise him he could apply for Council tax reduction when he contacted it in May 2019 after he was due to be made redundant.
2. Mr X also complained the Council failed to log the call he made when he tried to apply for a Council tax reduction.
3. He said this matter has led to him losing out on a benefit he was entitled to and caused him financial loss.

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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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I spoke with Mr X and discussed his view of the complaint.
6. I reviewed the correspondence shared between Mr X and the Council.
7. I wrote to Mr X and the Council with my findings. I did not receive comments from Mr X or the Council before I made the final decision.

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What happened

Council Tax Reduction

8. Council tax reduction is a benefit which people who have low or no income (and less than £16,000 in savings) can claim to reduce their council tax payments. If the applicant does not agree with the Council’s decision, whether their claim is rejected or they do not believe they have been given the correct amount of discount, they can appeal the Council’s decision to the Valuation Tribunal.

Mr X’s complaint

9. Mr X rang the Council in May 2019 to ask for advice on Council tax reduction as he was due to be made redundant. Mr X said he gave the Council officer he spoke with details about his property, savings, and redundancy pay.
10. Mr X said the Council officer told him he was not entitled to Council tax reduction and so he did not pursue the matter further.
11. In March 2020, Mr X applied to the Council for support with his Council tax.
    The Council awarded Mr X Council tax reduction from April 2020.
12. Mr X complained to the Council in May 2020 because he believed the Council officer he spoke to in 2019 misadvised him. He also felt the officer should have signposted him towards another department if they did not know whether he qualified for Council tax support. Mr X asked the Council to pay him £3500 in recognition of the money he would have received if he had been advised correctly and been awarded Council tax support.
13. The Council told Mr X it did not have record of him calling the Council in May 2019 and could not comment on his statements regarding being misadvised.
14. Mr X was unhappy with the Council’s response as he felt the Council should have retained a record and notes of his call. Mr X has confirmed that he does not have records of the call. Mr X brought his complaint to the Ombudsman.

Findings

15. Mr X remains unhappy the Council officer he spoke with in May 2019 did not tell him he was eligible to claim Council tax reduction. The Council has been unable to find evidence or records of this call. Mr X has also been unable to provide evidence of this call. I therefore cannot comment on what information was discussed during the conversation and I cannot determine whether the Council is at fault. The Ombudsman’s role is to ensure the Council has made a decision correctly, not to question or change the decision itself. Therefore, even if I were able to determine whether the Council misadvised Mr X, I would not be able to recommend that the Council provide Mr X with the financial award he has requested.
16. Part of Mr X’s complaint is his belief that the Council should have retained records of the call he made to it in May 2019. Whilst I can appreciate Mr X’s point of view and agree it would have been best practice, there is no lawful requirement for the Council to record notes of each call it receives. I have seen no evidence which shows when the call was made or who Mr X spoke to. Further investigation is unlikely to lead to a different outcome.
17. I have decided further investigation into this complaint would be an inappropriate use of resources. I have not seen evidence which would allow me to make a finding.

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Final decision

18. There is no evidence which would allow me to make a finding and I have therefore discontinued the investigation.

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Investigator's decision on behalf of the Ombudsman