Summary: We will not investigate Mr and Mrs X’s complaint the Council has mishandled their council tax account which is causing hardship due to the recovery of the council tax debt at £15 per week. The Council has agreed to reassess the current financial position and debt recovery. Mr and Mrs X complain late about earlier events since 2009. They could reasonably have used rights of appeal to the Valuation Tribunal if they disagreed with the Council’s decisions on council tax benefit.

The complaint

1. Complaint 1: Mr and Mrs X complain the Council is recovering a council tax debt of £9075 for periods between 2009 and 2019. Mrs X says she was on qualifying disability benefits throughout this period and the Council is wrong not to have awarded council tax benefit. Most of the debt arose in the period 2014-17. She wants the Council to backdate council tax benefit or cancel the debt. She says the Council ignores evidence and the debt has caused stress and hospital admissions.
2. Complaint 2: the Council has demanded £15 per week towards the council tax debt which Mr and Mrs X can no longer afford to pay. Mrs X says they are on benefits, have negative equity, do not have savings, and receive food aid.
3. Complaint 3: the Council has not dealt properly with her complaints about the matter and does not respond appropriately. Mrs X says she has tried to resolve the matter for five years and complained in January 2021. She says the Council has failed to answer her questions.
4. Complaint 4 Mrs X complains the Council has failed to provide a statement of the council tax account showing the debt and payments. Mrs X says the Council has failed to provide a copy of all letters sent to them.

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The Ombudsman’s role and powers

5. 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 are satisfied with action a council has taken or proposes to take or we decide:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for an organisation review or appeal.

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

6. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
7. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
8. 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)

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How I considered this complaint

9. I considered information and comments provided by the complainant and the Council. The information includes complaint correspondence and statements of Mrs X’s council tax account and debt.

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My assessment

10. I do not propose investigating this complaint for the following reasons:
11. Complaint 1: The council tax debt complaint is outside the Ombudsman’s jurisdiction:
12. A) Where council tax benefit is refused there is a right of appeal to a tribunal (see paragraphs 6 and 7 above). The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
13. I consider it reasonable for Mrs X to have used her right of appeal if she disagreed with the Council’s decisions. The Valuation Tribunal has the power to change the decision.
14. B) Mrs X complains late about events before September 2020 and outside the ‘permitted period’ of 12 months (see paragraph 8 above). The information shows Mrs X’s council tax account has been in debt since 1999-2000. The last year when no council tax benefit was awarded was 2016-17 when the debt was £8,935. There is no good reason to investigate. We cannot achieve the outcome Mrs X wants. The Council has explained that over the years it has checked the Department of Work and Pensions records. At times Mrs X has failed to provide information requested, such as the income of other adults in the household, which would affect entitlement.
15. Complaint 2: I am satisfied the Council has agreed with the Ombudsman to reassess the debt recovery rate. It tells me it has sent an income and expenditure form for Mr and Mrs X to complete. The Council will reassess the financial circumstances and what Mr and Mrs X can reasonably afford to pay if debt recovery continues. This should be done because the complainant has effectively said £15 per week is causing hardship. The Council needs to take into consideration not only the large debt but the ability to pay having regard to necessary outgoings, debts, etc. The Council should provide a statement of the financial assessment to Mr and Mrs X.
16. Complaint 3: There is no reason to investigate this complaint. The Council has explained its position to Mr and Mrs X. If they disagree with the Council’s reassessment of the debt recovery rate they can complain again to the Ombudsman.
17. Complaint 4: There is insufficient evidence of fault or injustice and no reason to investigate. The Council sent Mrs X statements of the Council tax account on 21 October 2019 and 24 November 2021. The statements show the account from 1999 including council tax owed, benefit granted, payments, and the debt on the account. If the Council fails to provide information requested Mrs X may reasonably go to the Information Commissioner. However, I can provide her with some information she says she has lost.

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Recommended/agreed action

1. The Council has agreed to reassess Mr and Mrs X’s financial circumstances, ability to pay the debt and at what rate. It has sent them a financial form to complete.
2. The Council will provide Mr and Mrs X with a copy of its financial assessment and reasons explaining its decision.
3. Mr and Mrs X can ask the Council to exercise its discretion to waive all or part of the council tax debt. They would need to explain any special circumstances and provide evidence. The Council should reply to such a request and explain its decision.
1. Mr and Mrs X can complain to the Ombudsman again if they disagree with the outcome of the financial reassessment.

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Final decision

19. The Ombudsman will not investigate Mr and Mrs X’s complaint the Council has mishandled their council tax account which is causing hardship due to the recovery of the council tax debt at £15 per week. The Council has agreed to reassess the current financial position and debt recovery. Mr and Mrs X complain late about earlier events since 2009. They could reasonably have used rights of appeal to the Valuation Tribunal if they disagreed with the Council’s decisions on council tax benefit.

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Investigator's decision on behalf of the Ombudsman