Summary: We will not investigate Mr X’s complaint about council tax. This is because the Council has already provided a satisfactory remedy.

The complaint

1. Mr X complains the Council did not award him council tax support, did not consider him for discretionary relief, and perused enforcement action against him when he was unwell.

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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. 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. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
5. 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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
6. 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).

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How I considered this complaint

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

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My assessment

9. Mr X has a variable income and receives top ups from universal credit. Mr X approached the Council and requested help with his council tax bill. He explained he was unwell and in financial hardship.
10. Mr X complains the Council did not award him council tax support, did not consider him for discretionary relief, and perused enforcement action against him when he was unwell.
11. We cannot investigate the complaint about the Council’s decision Mr X was not eligible for council tax support. If Mr X disagreed with the Council’s decision, he was not eligible, it would have been reasonable for him to appeal to the Valuation Tribunal.
12. The Council have accepted they should have assessed Mr X for discretionary relief sooner. The Council has apologised to Mr X, assessed him for discretionary relief and waved the outstanding balance from his previous year’s council tax bill. This is a suitable remedy for the injustice caused.

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Final decision

13. We will not investigate Mr X’s complaint. The Council has already provided a satisfactory remedy.

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Investigator's decision on behalf of the Ombudsman