London Borough of Bexley (23 004 552)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 20 Jul 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about council tax enforcement action as the complaint is made late to us and there are not good reasons to investigate now.
The complaint
- Mr X complains the Council wrongly took enforcement action against him in 2019 for council tax areas when, Mr X says, he did not owe anything. Mr X says this has caused him distress and seeks a refund of £100 he paid to the Council's enforcement agents.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X’s complaint is made late to us as he knew about the problem he complains about in 2019 but did not complain to us until July 2023. Mr X does not explain the reason for the delay in complaining to us.
- We can investigate late complaints when we think there are good reasons to do so. I do not consider there are in this case as it is reasonable to expect Mr X to have complained to us sooner and within a year of him knowing about the problem. We will not therefore investigate
Final decision
- We will not investigate Mr X’s complaint because it is made late to us and there are not good reasons to investigate now.
Investigator's decision on behalf of the Ombudsman