Summary: We will not investigate Ms X’s complaint about the Council’s handling of her council tax account. This is because the complaint is made late and there are not good reasons to investigate now.

The complaint

1. Ms X complains about the Council taking enforcement action on her council tax account which resulted in costs being added.

Back to top

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)

Back to top

How I considered this complaint

3. I have considered what Ms X said in her complaint and I have sent her my draft decision on it for her comments. I have considered the comments Ms X made in response, in reaching this final decision.

Back to top

What I found

4. Ms X complains the Council took enforcement action on her council tax account which resulted in additional costs being added to the account. Ms X is unhappy that the Council took such action when she had informed it she was abroad and so could not deal with the matter until her return.
5. Ms X says she first became aware that the Council had issued a summons on her account when she retuned home in late February 2020. Ms X did not complain to us until 31 March 2021.

Analysis

6. Ms X’s complaint is made late as she has not complained to us within a year of her knowing about the problem. We can exercise discretion to disapply this rule if there are good reasons to do so.
7. Ms X says she complained to us after the Council had finished dealing with her complaint at the end of March 2021. The 12-month time period, however, starts from the time Ms X first knew about this problem ie in February 2020, not from when the Council concluded its complaint responses.
8. Ms X was aware of our service, at the latest, in November 2020 when she formally complained to the Council, telling it she would refer the matter to us if it was not resolved. I consider therefore that Ms X could have complained to us sooner, and within 12 months of knowing about the problem, and that as such we should not exercise discretion to investigate this late complaint now.

Back to top

Final decision

9. My decision is we will not investigate this complaint. This is because the complaint is made late and there are not good reasons to investigate now.

Back to top

Investigator's decision on behalf of the Ombudsman