Summary: We will not investigate this complaint about the Council only backdating a council tax rebate by three months. Ms X has appealed to the Valuation Tribunal. There is not enough evidence of fault by the Council causing Ms X not to know about the rebate sooner. Part of the complaint is about a personnel matter, which we cannot consider.

The complaint

1. Ms X complained the Council only backdated her second adult council tax rebate by three months, not to 2016. She also complained the Council was at fault for her not knowing the second adult rebate applied to her circumstances in 2016. Ms X says this has resulted in financial hardship.

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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 a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction, including the second adult rebate (sometimes called ‘alternative maximum council tax reduction’). We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
5. 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 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X states she only learned in January 2022 that she could ask the Council for a partial council tax rebate because of the circumstances of another adult who lives in her home. Ms X applied and the Council granted the rebate, but only backdated the rebate by three months, not to 2016 as Ms X wants.
9. Ms X has appealed to the Valuation Tribunal about the level of rebate and how far to backdate the rebate. I understand the Valuation Tribunal can decide those points. Therefore the restriction in paragraph 4 applies and the Ombudsman cannot consider this.
10. If the Valuation Tribunal were to rule the law only allows the three months the Council gave, meaning the Tribunal could not consider Ms X’s wish for further backdating, the restriction in paragraph 4 would not apply. However, in that situation, it would be the case the Council could not legally have backdated more, so we would not criticise the Council.
11. Ms X says but for fault by the Council, she would have known in 2016 she could ask for the rebate due to her household’s circumstances, so she would have done so then. The only argument Ms X has given for this is her argument the Council should have treated the other person in her household differently when their employment with the Council was ending in 2016. This is a personnel matter, so the restriction in paragraph 3 prevents us considering it.
12. I have seen no other evidence, unconnected to the employment matter, suggesting fault by the Council in not telling Ms X directly about the second adult rebate by 2016. Also, it is unlikely we could now reach a clear enough view, on balance, about events some years ago. So we shall not investigate this point.
13. Ms X also supplied background information about the person in her household’s difficulties in employment with the Council and with a previous employer, dating back many years. As I have explained, we cannot consider personnel matters. Matters about the non-Council employment are not directly about the Council. We could not reach a clear enough view now about events so many years ago. Ms X suggests what happened during the employment affected the employee’s health. That is an allegation of personal injury, which is appropriately for the courts.

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Final decision

14. We will not investigate Ms X’s complaint because she has appealed to the Valuation Tribunal on the main points regarding her rebate. We cannot consider personnel matters and, leaving aside the personnel matters, there is not enough evidence of fault by the Council that prevented Ms X from seeking the rebate sooner.

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Investigator's decision on behalf of the Ombudsman