Summary: We will not investigate this complaint about Miss X’s council tax reduction entitlement. This is because there is not enough evidence of fault by the Council, and the DWP can consider Miss X’s dispute. Part of the complaint is late.

The complaint

1. Miss X says the Council has failed to properly assess her council tax reduction from 2020 because it did not take account of her limited capability for work (LCW). Therefore, she said the Council did not apply the correct disability premiums to her council tax reduction calculation. She says the Council should stop any recovery action and pay her a significant refund of overpaid council tax.

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The Ombudsman’s role and powers

2. 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 has done. (Local Government Act 1974, sections 26B and 34D, as amended).
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 not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint, (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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How I considered this complaint

4. I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X complained to the Council regarding the matters in paragraph 1.
6. The Council replied Miss X was not entitled to a council tax reduction from July 2024 based on her income. It had assessed Miss X’s new council tax reduction claim in January 2026. It noted she had LCW status, but the Universal Credit applicable amount (the amount needed by a claimant to live on) did not include a LCW disability premium. Therefore, Miss X was not entitled to a council tax reduction. The Council said it could not change a DWP decision or award benefits without its notification. It said Miss X could contact the DWP if she disagreed with the allowances in her Universal Credit award. It also said there was no credit or refund due. The Council provided information about its discretionary discount fund.
7. Miss X remained dissatisfied and she said the Council’s response was wrong as it was shifting the blame to the DWP. She said the Council could use its discretion to pay a council tax reduction. She said it had failed respond to her complaint about applying a disability premium to her council tax reduction from 2020.
8. We will not investigate this complaint about the Council’s claimed fault from 2020 because it is late. As Miss X complained to the Ombudsman in February 2026 this complaint is late, as it relates to matters Ms X was aware of more than 12 months before February 2026. It was reasonable to expect Ms X to complain earlier and there are no good reasons for the delay.
9. We will not investigate matters from February 2025 to February 2026 because there is not enough evidence of fault by the Council. The Council advised it must take account of the notifications from the DWP, and it could not change its decisions. The Council correctly advised Miss X to contact the DWP if she wanted to dispute the allowances it had decided. The DWP is the appropriate body to consider a complaint or dispute regarding the matter.

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Final decision

10. We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council. The DWP can consider Miss X’s dispute about allowances. Part of the complaint is late.

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Investigator's decision on behalf of the Ombudsman