Summary: We will not investigate Ms X’s complaint that the Council stopped her council tax reduction and failed to communicate with her properly before resolving the matter. There is insufficient evidence of fault or injustice.

The complaint

1. Ms X complains the Council stopped her council tax reduction because of information from the Department for Work and Pensions and failed to communicate with her properly. Miss X says although she is now getting full council tax support she is concerned other people could have similar experiences.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

3. I considered information provided by the complainant and Council. I have discussed the complaint with Ms X by telephone.

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My assessment

4. I will not investigate this complaint for the following reasons:
5. There is insufficient evidence of Council fault or service failure. The Council suspended rather than ended the claim. This was due to information from the Department for Work and Pensions (DWP). The Council wrote to Miss X twice, at the correct address, because it was necessary to reassess her entitlement. Miss X tells me she did not receive the written communications but picked up a telephone message from the Council and contacted it.
6. The Council has not caused Ms X an injustice. The Council says the DWP later informed it Ms X was on a different benefit which enabled it to assess her on the basis of 100% entitlement. Ms X tells me she is on full council tax support, it took 2 or 3 weeks to resolve, and she has a small credit on her account. She says the officer who dealt with her said she was very sorry for what had happened.
7. The complaint appears resolved. Should there be a dispute about entitlement to council tax support or a council tax discount Ms X would have a right of appeal to the Valuation Tribunal which would put the matter outside the Ombudsman’s jurisdiction.

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Final decision

8. The Ombudsman will not investigate Ms X’s complaint the Council stopped her council tax reduction and failed to communicate with her properly before resolving the matter. There is insufficient evidence of fault or injustice.

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Investigator's decision on behalf of the Ombudsman