Summary: Ms X complained the Council delayed considering her application for council tax reduction. She also complained about the Council’s complaint handling. Mrs X said this distressed her and she may be paying more for her council tax. Based on current evidence we are minded to find there was fault in the way the Council did not communicate the decision, and its complaint handling was poor. This frustrated Ms X, and she was put to time and trouble to complain. The Council agreed to apologise, make a financial payment and issue guidance to its staff.

The complaint

1. Ms X complained the Council delayed considering her application for council tax reduction. She also complained about the Council’s complaint handling. Mrs X said this distressed her and she may be paying more for her council tax.

Back to top

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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a Council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

What I have and have not investigated

4. I have investigated Ms X’s complaint about delays in considering the application and complaint handling.
5. I have not investigated the Council’s decision on the application. This is because Ms X has an appeal right to the Valuation Tribunal, and it is reasonable for her to use this right.

Back to top

How I considered this complaint

6. I read Ms X’s complaint and spoke to her about it on the phone.
7. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
8. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

Background information

9. Council tax reduction (CTR, also known as council tax support) is a discount, not a benefit. It reduces the amount of council tax a person has to pay.
10. The law requires people to pay council tax as billed by a council even if they have applied for a discount or reduction.
11. Councils can require applicants for council tax support to supply financial information, such as proof of earnings or savings, before they can assess an application.
12. The Council website says an applicant “might be able to apply for a discount on your council tax bill if you or someone you live with is Severely Mentally Impaired” (SMI).
13. The Councils website says if an applicant disagrees with a decision it makes about council tax reduction, applicants can ask the Council to look at it again. If the decision remains the same, applicants can appeal the decision to the Valuation Tribunal.
14. The Council complaint policy confirms the Council will issue its response for :
• Stage one complaints within 10 working days; and
• Stage two complaints within 20 working days

What happened

15. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
16. Ms X applied for council tax relief in July 2024. The application was made in Ms X’s child’s name.
17. Ms X complained to the Council in August 2024. She complained the Council had not considered her application for council tax relief.
18. The Council responded to Ms X’s complaint nine days later. The Council apologised for the delay considering the application. The response confirmed Ms X’s child was not liable to pay council tax. The Council advised Ms X to apply for the reduction in her name.
19. Ms X explained the reduction was for her children and for carer disregards. The Council confirmed Ms X would need to apply for the reduction in her name. Ms X applied for the reduction the following day.
20. Ms X asked the Council to escalate her complaint to stage two at the end of August 2024. She complained the Council had not considered her application for council tax relief and SMI, and she was being given differing information.
21. Ms X continued to chase the Council for a response. She submitted three complaints in September and October 2024 saying the Council had not responded to her request to escalate her complaint.
22. The Council noted Ms X was not eligible for council tax relief at the end of October 2024.
23. The Council acknowledged Ms X’s stage two complaint at the end of November 2024.
24. Ms X continued to chase the Council for a response to her stage two complaint.
25. Ms X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Ms X would like the Council to apologise, respond to her complaint and repay any money owed.
26. In response to my enquiries the Council apologised for the delays in the complaint handling. The response stated it assessed Ms X’s application, and she was not eligible for council tax reduction. The Council also confirmed it did not apply the SMI reduction because the property was not solely occupied by people with SMI. The Council confirmed it could not evidence it told Ms X of the decisions.
27. In response to my draft decision, the Council referenced the capital limit and its impact on SMI. The capital limit does not apply to SMI. I have addressed this matter with the Council and it confirmed it had considered the SMI application and the capital limit only applied to its reductions application decisions.

My findings

28. The valuation Tribunal considers appeals against not awarding discounts or exemptions. Any complaints about discounts or exemptions are outside the Ombudsman’s jurisdiction. The Tribunal is an independent expert body. The Council must do what the Tribunal tells it to.
29. As outlined in paragraph 12, I cannot consider whether Ms X is eligible for any reduction. I can consider whether the Council properly considered her application.
30. The Council considered Ms X’s applications in October 2024. It decided Ms X was not eligible for council tax relief or SMI reductions. As set out above, I am not considering this decision. If Ms X believes the Council has not considered her application correctly, she can appeal to the Tribunal.
31. However, the Council cannot evidence it told Ms X of its decisions, giving her the appeal right. The Council should consider an application and evidence. It should then make its decision. It should tell the applicant, setting out the appeal right to the valuation Tribunal. The Council cannot evidence it has done this. This is fault, frustrating Ms X.
32. Ms X also complained about the Council’s complaint handling. Paragraph 13 confirms the Council policy says it would respond to stage two complaints within 20 working days. Ms X asked the Council to escalate her complaint to stage two in August 2024. The Council has not evidenced a stage two response. This is fault and Ms X has been put to time and trouble to complain.

Back to top

Agreed action

33. To remedy the outstanding injustice caused to Ms X by the fault I have identified, the Council agreed to take the following action within 4 weeks of my final decision:
• Apologise to Ms X for not communicating its decisions to her and for its complaint handling. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Issue a decision for the applications. This gives Ms X her appeal rights to the tribunal.
• Pay Ms X £100 to recognise the distress, frustration and uncertainty caused by the fault identified in this case.
• Pay Ms X £100 as an acknowledgement of the time and trouble she has spent pursuing this complaint.
• Remind relevant staff to effectively communicate decisions in a timely manner.
• Remind relevant staff of the importance of effective complaint handling and adhering to timescales.
34. The Council should provide us with evidence it has complied with the above actions.

Back to top

Decision

35. I have completed my investigation. I have found fault by the Council, which caused injustice to Ms X.

Back to top

Investigator's decision on behalf of the Ombudsman