Summary: We will not investigate Mrs X’s complaint about the Council failing to communicate with her effectively. This is because an investigation would not lead to any further findings or outcomes.

The complaint

1. Mrs X complains the Council has failed to communicate with her effectively. She says that she tried to dispute the reduction to her council tax benefit. However due to the delays in communication about this, a large debt has built up on her council tax account.

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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. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

5. I considered information provided by Mrs X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X is deaf and needs contact in writing. Mrs X complains the Council has not communicated effectively with her since an advisor she was contacting, left the Council.
8. The Equality Act makes it unlawful for organisations carrying out public functions to discriminate on any of the nine protected characteristics listed in the Equality Act 2010. The ‘protective characteristics’ referred to in the Act are: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation.
9. We cannot determine whether an organisation has breached the equality act, only courts can. However, the Council had a duty under the act to make sure a disabled person can use a service as close as it is reasonably possible to the standard service offered to a non-disabled person. Duty is anticipatory. Meaning the council should have thought in advance, to what actions they could have put in place when the advisor who was helping Mrs X was unavailable.
10. In its response to the complaint, the Council has accepted fault as it noted communication with Mrs X fell below the standard expected after one of their advisors left. Going forward, the Council confirmed it had appointed a new single point of contact for Mrs X. Also, it now has a process to appoint a new advisor if the current one was unavailable and an opportunity to escalate the matter to a manager.
11. I will not investigate Mrs X’s complaint because it would not lead to any further findings or outcomes. This is because I am satisfied that the actions of the Council are a suitable remedy.
12. Mrs X is unhappy the Council reduced her council tax support. The Valuations Tribunal deals with appeals about council tax support or reduction. As such, this is the appropriate body for Mrs X to raise her concerns to and it is reasonable to expect Mrs X to use her right of appeal.
13. As I am not investigating whether it was correct for the Council to reduce the council tax support, I will not investigate the Council’s communication shortcomings about this. This is because it would not be an appropriate use of public money.

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Final decision

14. We will not investigate Mrs X’s complaint because an investigation would not lead to any further findings or outcomes.

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Investigator's decision on behalf of the Ombudsman