Summary: Ms C complained about the Council’s response when she requested a discretionary council tax reduction. We found some fault with the way the Council handled her request. We also found fault with the Council for a delay making reasonable adjustments for Ms C. The Council agreed actions to remedy the injustice to Ms C.

The complaint

1. Ms C complained about the Council’s response to her application for discretionary council tax relief. She said the Council:

• failed to respond to her request for discretionary council tax relief;
• failed to have information about discretionary council tax relief and the appeal process on its website; and
• failed to make the reasonable adjustments she requested.

2. Ms C said this caused her financial hardship and 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. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
5. 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

6. I considered the information Ms C provided with her complaint. I made enquiries with the Council and considered its response along with the relevant law and guidance.
7. Ms C 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

Law and guidance

Discretionary council tax relief

8. Councils have discretion to apply a discount to reduce any person’s council tax liability to any extent they see fit under section 13A(1)(c) of the Local Government Finance Act 1992 (“LGFA 1992”).
9. We expect councils to have a process for considering any request and established criteria. If a person is unhappy with a council’s decision, they can appeal to the Valuation Tribunal.
10. The Council says it will accept applications in respect of individuals or classes of dwellings. It expects there to be evidence of exceptional unforeseen circumstances and the customer has taken reasonable steps to resolve their situation prior to application.

The Equality Act 2010 and reasonable adjustments

11. The reasonable adjustment duty is set out in the Equality Act 2010 and applies to any body that carries out a public function. Its aim is that, as far as reasonably possible, people who have disabilities should have the same standard of service as non-disabled people.
12. Service providers have to consider removing or preventing obstacles to people with disabilities accessing their service. If the adjustments are reasonable, they must make them.
13. The duty is ‘anticipatory’. This means service providers cannot wait until a disabled person wants to use their services but must think in advance about what disabled people with a range of impairments might reasonably need.
14. Councils are not required to do more than it is reasonable for them to do.

What happened

15. What follows is a brief chronology of key events. It does not contain all the information I reviewed during my investigation.
16. Ms C wrote to the Council in June 2021. She asked for a discretionary council tax reduction because she was struggling to pay her council tax.
17. She complained to the Council in July 2021 because she had not received a response to her request.
18. Ms C also asked for a reasonable adjustment because she has a visual impairment. She asked for all correspondence to be in large print.
19. She wrote to the Council again in August 2021 because she did not receive a response to her complaint.
20. The Council sent her a council tax reminder and letter about the reduction request in August 2021. These were not in large print.
21. The Council sent an adjusted council tax bill in small print in September 2021.
22. The Council responded to Ms C’s complaint in October 2021. It said it had added information about discretionary council tax reduction on its website. It acknowledged her request and the information she provided. It said she needed to complete a financial assessment form and provided a named officer to help her. The Council apologised for any distress it caused her.
23. The Council sent another council tax reminder in December 2021, this was also in small print.
24. Ms C was unhappy with the Council’s response and complained to the Ombudsman.

My findings

25. My findings are set out under each of Ms C’s complaint headings below.

The Council failed to publish information about discretionary council tax relief

26. The Council did not publish any information about a discretionary relief policy or appeal process. This was fault.
27. Following Ms C’s complaint the Council added information about the discretionary council tax relief and appeal process on its website.
28. This was a suitable response. There was no significant personal injustice caused to Ms C by this fault. Ms C found information and asked for a discretionary council tax reduction from the Council. How the Council responded to her request is another complaint issue.

The Council failed to respond to Ms C’s discretionary council tax reduction request

29. There was fault with the way the Council responded when Ms C first contacted it in June 2021. The Council failed to follow its policy for section 13A discretionary council tax reduction requests. It wrongly told Ms C to apply online for council tax support.
30. In its final complaint response to Ms C in October 2021 the Council said:

“I can confirm information to process the request for a discretionary reduction of Council Tax under Section 13A has been received. However, please note that we do require a Standard Financial Statement to be completed. I’m aware that you have a visual impairment. Therefore, please kindly contact Ms X directly so that she may assist you with the form”.

31. This remains the Council’s position. It accepts it did not respond correctly to Ms C’s initial request in June 2021. But it has not declined her application for discretionary council tax relief. It has been unable to make a decision because Ms C has not completed the standard financial assessment.
32. There was no significant personal injustice to Ms C. It remains open for Ms C to provide this information. She can contact the Council if she needs help completing the form.
33. Once the Council has made its decision Ms C can appeal to the Valuation Tribunal if she disagrees.

The Council failed to make the reasonable adjustments Ms C requested

34. Ms C has a visual impairment. She asked for all correspondence in large print as a reasonable adjustment.
35. She first made the Council aware in June 2021 when she asked for the council tax reduction. She reminded the Council again in July and August 2021. The Council sent correspondence during this time that was not in large print.
36. The Council’s complaint correspondence was sent in large print. It acknowledged her reasonable adjustment in September 2021. This was only after Ms C complained.
37. It also sent further council tax bills and reminders in September and December 2021 that were not in large print.
38. The Council failed to make reasonable adjustments when Ms C first requested. It continued to send her correspondence that she was unable to read. This was fault and it caused her distress.

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Agreed action

39. Within one month of my final decision the Council agrees to:

• Pay Ms C £200 in recognition of the distress it caused her.
• Send Ms C a financial assessment form in large print. Any information and guidance to complete the form should also be sent in large print.
• If the Council decides Ms C is entitled to a discretionary council tax reduction it should back date this to June 2021
• Remind its council tax officers (and any other relevant staff) of the Council’s reasonable adjustment duty under the Equality Act 2010. It should use this case as an example.

40. The Council should provide the Ombudsman with evidence it has completed the agreed actions.

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Final decision

41. I found fault with the Council causing injustice. I completed my investigation.

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Investigator's decision on behalf of the Ombudsman