Summary: We will not investigate this complaint about the Council’s decision to not award a council tax discount because the complainant can ask for a review. The Council has also addressed issues regarding accessibility in its application process. Further, the courts are best placed to consider matters concerning any personal injury.

The complaint

1. The complainant, who I will refer to as Mr X, complains that the Council rejected his application for a disabled council tax discount. Mr X says the Council amended its guidance after his application which meant he was no longer eligible. Mr X would like the Council to award him a council tax discount. Mr X has RSI and is unhappy with the lack of accessibility in the application process. He would like to be compensated for the pain caused when applying.

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The Ombudsman’s role and powers

2. 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:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6))

3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by Mr X and his comments in response to my draft decision. I also considered information provided by the Council and the Ombudsman’s Assessment Code.

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My assessment

6. Mr X applied for a council tax discount, but his application was rejected by the Council. The Council invited Mr X to submit further evidence if he wanted the decision to be reviewed. The Council has confirmed this review option remains available to Mr X. We will not investigate this matter because it is reasonable for Mr X to ask for a review. If Mr X remains unhappy with the Council’s decision he will have the right to appeal to the Valuation Tribunal after the Council has completed its review.
7. Mr X complains the Council changed its criteria after he had applied which meant he was no longer eligible. The Council apologised that its criteria were unclear at the time of application and advised Mr X that it had edited the wording to provide clarity and to assist other residents when applying in the future. Whilst I recognise this would have frustrated Mr X, there is not enough evidence of fault to warrant an investigation.
8. Mr X also complained about a lack of accessibility in the application process. He says there should be a focus on such forms being disability friendly. The Council has contacted the form provider and is discussing matters internally with its digital service team. The Council is also awaiting feedback regarding changes that can assist applicants. The Council has also added contact details so applicants can request assistance to complete similar forms on its website. The Council has taken appropriate steps to address these issues, and an investigation on the matter is unlikely to lead to a different outcome.
9. Mr X says completing the on-line form caused pain because of his RSI and he would like compensation. It is reasonable to expect Mr X to use the legal process as the courts have the expertise to determine if completing the form did aggravate the RSI and, if so, whether any compensation should be paid. For these reasons, it is reasonable to expect Mr X to pursue court action regarding the issue of personal injury and for the compensation he seeks.

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Final decision

10. We will not investigate this complaint. This is because Mr X can ask for a review and the Council has addressed issues concerning accessibility in its application process. Mr X can also pursue compensation through the courts for the personal injury he says he has suffered.

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Investigator's decision on behalf of the Ombudsman