Vale of White Horse District Council (20 006 667)
The Ombudsman's final decision:
Summary: Ms X complains about delay by the Council in considering her request for council tax relief. The Ombudsman will not investigate this complaint because there is no significant injustice as the request was not allowed and the Council has remedied the compliant about delay
The complaint
- Ms X complains about delay by the Council in considering her request for Council tax relief.
The Ombudsman’s role and powers
- 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 a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.
What I found
- Ms X asked the Council for a discretionary hardship award for council tax on 17 April 2019 which the Council refused on 26 June 2019. She appealed on 10 July and this was refused on 7 August 2019.
- The Council accepts that Ms X was not told that she could then apply for Section 13A relief from council tax. The Council says however, that, although such a request was therefore delayed by several months, the request was refused in January 2020.
- Ms X says that she withheld paying council tax whilst awaiting the Council’s decisions.
- Tax payers are advised to continue paying council tax whilst appeals are made to avoid arrears arising (if the request/appeal is refused). Ms X says that the Council never advised her to do this.
- Further, the Council agreed to extend the period over which Ms X could make her council tax payments.
- I consider therefore that, had Ms X been told earlier that she could request a Section 13A reduction, the outcome would not have been different and payments should have continued. The Council’s offer to accept a longer period of payments is a reasonable remedy to this matter in any event.
Final decision
- I do not intend to investigate this complaint because there is no significant injustice caused by the delay and the matter has been remedied.
Investigator's decision on behalf of the Ombudsman