Bolton Metropolitan Borough Council (21 003 504)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 17 Aug 2021
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the Council not advising her in 2017 to claim council tax support. Ms X complains late, there is insufficient evidence of Council fault, and investigation will not achieve the desired outcome.
The complaint
- Ms X complains the Council failed in 2017 to give her information and advice which would have enabled her to claim council tax support. Ms X says she was on maternity leave and a single parent struggling financially. Ms X says the Council knew about her circumstances but no one suggested applying for benefit. She had two contacts with it including applying for a grant for a boiler due to low income. Ms X was not aware she could claim benefit until 2019 when her parents received a council tax refund having been referred to the Council by the Department of Work and Pension (DWP). Ms X says there is discrimination in favour of pensioners and people in her situation do not get the same service.
- Ms X complains the Council’s complaint handling was poor. She wants the Council to refund the council tax she paid in 2017.
The Ombudsman’s role and powers
- The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:
- further investigation would not lead to a different outcome, or
- we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
- 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)
How I considered this complaint
- I have considered Ms X’s information, comments and communications following my draft decision statement. I have considered the Council’s information including the 2021 complaint correspondence.
My assessment
- I will not investigate Ms X’s complaint for the following reasons:
- Ms X complained to this office on 10 June 2021. Ms X therefore complains late and outside the ‘permitted period’ of 12 months about events in 2017 which she says she understood in 2019 (see paragraph 4 above). I will not exercise discretion to investigate because Ms X could have complained sooner. Ms X first raised her issues in an email to the Council on 5 November 2019.
- Investigation is not likely to achieve what Ms X wants which is a refund on her 2017 council tax.
- There is insufficient evidence of Council fault. The Council says its website had information about claiming benefit as did the single person discount form. The boiler team does not give advice about benefits or have the expertise to do so. The Council is not responsible for the actions of the DWP.
- It was Ms X’s responsibility to seek advice or make a council tax application. A Council cannot pay benefit without a valid claim.
- Ms X told the Council she feels the DWP was unfair in how it passed on information about her parents pension related claim but did not do so in her situation. The DWP is not a body within our jurisdiction and therefore we cannot investigate this point.
- The Ombudsman will rarely investigate complaint handling when not investigating the substantive issue. There is no reason to do so here.
Final decision
- The Ombudsman will not investigate Ms X’s complaint about the Council not advising her in 2017 to claim council tax support. Ms X complains late, there is insufficient evidence of Council fault, and investigation will not achieve the desired outcome.
Investigator's decision on behalf of the Ombudsman