Summary: We will not investigate this complaint about council tax support as the injustice caused to the complainant is not sufficient to warrant our further involvement.

The complaint

1. Mrs X complains the Council’s website wrongly indicated she may be entitled to council tax support in the form of second adult rebate. Mrs X wants the Council to award this or to remove the information from its website.

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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 investigate 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 continue an investigation if we decide there is no worthwhile outcome achievable by our investigation or there is insufficient remaining injustice to the complainant. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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 considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council explained to Mrs X that the information on its website about second adult rebate was incorrect and that it would ensure the webpage in question was was properly updated.
8. While I recognise Mrs X was disappointed to learn about the Council’s error, I do not consider this caused her a level of injustice that would warrant our further involvement or that we could achieve any meaningful outcome for Mrs X if we took this complaint further. By law, councils must provide second adult rebate for qualifying people of pension age but do not have to include this in their council tax reduction/support schemes for working age applicants. The Council has decided not to include this in its scheme for working age applicants and is entitled to do so.
9. If Mrs X considers the Council’s decision on her council tax liability is incorrect including relating to any discounts and council tax support, she can appeal to the Valuation Tribunal.
10. The Council has now corrected its website.

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Final decision

11. We will not investigate Mrs X’s complaint because the injustice caused to her is not sufficient to justify our further investigation.

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Investigator's decision on behalf of the Ombudsman