Summary: The Council failed to consider Mr X’s request for discretionary relief from council tax and delayed dealing with his complaint. This is fault The Council has agreed to apologise, clear the debt, and pay Mr X £50.

The complaint

1. Mr X complains the Council failed to consider his request for discretionary relief from council tax. He also says the Council took too long to deal with his complaint.
2. As a result, Mr X says he is experiencing financial hardship and unnecessary distress.

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The Ombudsman’s role and powers

3. 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)
4. 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)

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How I considered this complaint

5. I spoke to Mr X about the complaint.
6. I made written enquires of the Council and considered its response along with relevant law and guidance.
7. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

What happened

8. In February 2020, Mr X moved home. For two weeks he was liable for council tax on his new home and the previous property.
9. Mr X wrote to the Council. He said he could not afford to pay the outstanding balance on the previous property. He explained his personal circumstances meant that paying would cause him hardship. He asked if there were any discounts or exemptions that might apply.
10. In response to Mr X’s stage one complaint, the Council said it did not offer discounts or exemptions from council tax on empty properties.
11. In March, Mr X asked the Council to look at his complaint at stage 2. In that letter, he again explained that paying the bill would cause his family hardship.
12. The Council acknowledged his request and said it would respond by 9 April.
13. The Council responded to Mr X’s complaint in October 2020. In the response, it apologises for the delay. It says that it can arrange for Mr X to pay the outstanding balance “over a period of time with a nominal arrangement.”

My findings

14. Councils have discretion under s13A(1)(c) of the Local Government Finance Act 1992 to reduce or ‘write off’ council tax debt. I will refer to this as s13A relief.
15. In response to my enquiries, the Council said Mr X did not make an application for relief. This is not the case. His correspondence with the Council says he is experiencing financial hardship and asks if there is anything the Council can do to reduce the debt. This is an application for s13A relief. Failure to treat it as such is fault.
16. It is not for Mr X to know the exact scheme, or section of legislation, under which he seeks relief. It is for the Council to identify that its scheme might apply and to ask for such further information as it deems necessary.
17. In March 2020, the Council told Mr X it would respond to his complaint by 9 April. The Council did not respond until October. This is a delay of six months. In its letter in October, the Council said the delay was due to “the unprecedented challenges of the COVID-19 pandemic”.
18. In May 2020, the Ombudsman issued guidance for councils called Good Administrative Practice during the response to COVID-19. We recognised that councils’ ability to handle complaints might be reduced for a time. However, we expected councils to inform complainants of any delay and, where possible, give a realistic timeframe for a response.
19. There is no evidence the Council told Mr X it needed more time to respond to his complaint. This is fault. As a result, Mr X experienced avoidable frustration thinking his complaint had been ignored or overlooked. This is an injustice to Mr X.

Agreed action

20. Usually, the Ombudsman would recommend the Council now consider the application for s13A relief. However, the additional injustice caused by the unnecessary delay would usually result in a financial remedy of more than Mr X owes. Therefore, the Council has agreed to:
• Apologise in writing;
• Clear the outstanding balance; and
• Pay Mr X £50.
21. The Council should take this action within four weeks of my final decision.
22. The Council should also take the following action to improve its service:
• Produce guidance for relevant staff on how to identify a request for s13A relief
23. The Council should tell the Ombudsman about the action it has taken within three months of my final decision.

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Final decision

24. I have completed my investigation. There is fault by the Council. The action I have recommended is a suitable remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman