Summary: We will not investigate Mr X’s complaint about the Council’s delay in completing searches requested by the buyers of his late parents’ house. This is because his injustice lies in the council tax payable for the property and the Council has agreed to consider whether to apply a discretionary reduction in his case. This provides a suitable remedy for Mr X and it is unlikely we would recommend anything more.

The complaint

1. The complainant, Mr X, complains the Council took too long to respond to searches carried out by the buyers of his late parents’ house. He says that as a result the sale was delayed and the estate became liable for 10 weeks of council tax amounting to more than £500.

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The Ombudsman’s role and powers

2. 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 effect on the person making the complaint, which we call ‘injustice’. 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)

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. There was no direct relationship between Mr X and the Council in respect of the searches carried out and it is unlikely we could not attribute the full period of the delay Mr X claims to any fault by the Council. This is because there were several other parties involved in the process, which took place at a time affected by the COVID-19 pandemic.
6. In any case, Mr X’s main injustice results from the charge of council tax for 10 weeks after the expiry of a six-month council tax exemption and Mr X may apply for a discretionary discount to cover some or all of these costs. The Council confirms it will consider Mr X’s case and as part of this process it will request evidence from him to inform its decision.

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Agreed action

7. The Council will consider Mr X’s case under its Discretionary Council Tax Reduction Scheme and will request further evidence from Mr X as part of this process. Once it has reached its decision it will inform Mr X how he may challenge it, if he remains dissatisfied.

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Final decision

8. We will not investigate this complaint. This is because the Council’s agreement to consider whether to grant Mr X a discretionary council tax reduction provides a suitable remedy for the complaint.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman