Summary: We will not investigate this complaint about how the Council has dealt with the complainant’s council tax. We are unlikely to find fault in how it has dealt with her application for council tax support or in its recovery of unpaid council tax. The complainant can appeal against any decision on her council tax liability or her entitlement to council tax support.

The complaint

1. The complainant, who I refer to here as Mrs B, has complained in relation to her council tax support. In summary she says the Council has unreasonably asked her for information to support her claim. Mrs B also says she is suffering stress because the Council has a liability order against her.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. It 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)

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How I considered this complaint

5. I have considered what Mrs B said in her complaint and background information provided by the Council.

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What I found

Background

6. The law requires people to pay council tax as billed by a council even if they have applied for a discount or reduction.
7. Councils can require applicants for council tax support to supply financial information, such as proof of earnings or savings, before they can assess an application.

What happened

8. The Council issued a summons because Mrs B has not all the council tax she is required by law to pay. It is entitled to use bailiffs if she does not make an acceptable arrangement to pay what she owes.
9. The Council says it assisted Mrs B in the completion of her application for council tax support but has not received a completed form or financial information it requires. In the absence of this, the Council cannot decide how much council tax support, if any, she is entitled to.
10. If Mrs B provides the necessary information and she disagrees with the Council’s assessment she can appeal to the Valuation Tribunal. Similarly, she can appeal against the Council’s decision on the amount of council tax she must pay.

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Final decision

11. I have decided we will not investigate this complaint. We are unlikely to find fault by the Council in how it has dealt with Mrs B’s council tax liability or her council tax support application. Mrs B can appeal against any decision on her entitlement to council tax support or the amount she must pay.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman