Summary: We will not investigate Mrs X’s complaint about how the Council has handled her council tax account. We cannot achieve anything by investigating. Mrs X could have reasonably appealed decisions on council tax entitlement to the Valuation Tribunal.

The complaint

1. Mrs X complains the Council has caused her a council tax debt due to not administering her account efficiently since 2020 when she went onto universal credit. Mrs X says the Council could have accessed universal credit information in 2020 and did not do so direct until she contacted it in August 2021. Mrs X says the Council’s communication is poor. She says she had a demand threatening court action. Mrs X says the Council’s actions and having to pay £65 council tax a month, when she has a low income, causes distress and anxiety.

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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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. 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)

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How I considered this complaint

5. I have considered information and comments provided by the complainant and the Council. The information includes the Council’s policy on exceptional hardship payments and emails to Mrs X explaining the position.

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My assessment

6. I will not investigate Mrs X’s complaint for the following reasons:
7. The Ombudsman cannot achieve anything worthwhile by investigating. The Council has explained its actions and various council tax decisions sent to her. The Council has set up an arrangement by which it will telephone Mrs X before sending her a council tax decision, and advised Mrs X to take her own benefits advice. The Council has explained that it now has access to the universal credit system. However, it says it could not access information needed for the period June 2020 to July 2021 which is why it asked Mrs X to provide information.
8. A dispute about entitlement to council tax support is outside the Ombudsman’s jurisdiction because there is a right of appeal to a tribunal (see paragraphs 3 and 4 above). The Council’s email to Mrs X, 14 January 2022, explains the right of appeal to the Valuation Tribunal. The email explains the Council’s council tax decisions including one to write off £28.40 (May-July 2021) due to its error. I consider it reasonable for Mrs X to use or have used her right of appeal because the Valuation Tribunal has the power to change the Council’s decision on council tax support or reduction.
9. There is insufficient evidence of fault in the Council refusing an exceptional hardship payment under its discretionary policy. The Council says it did so due to Mrs X’s capital and income. The Council’s policy says such payments are not intended to cover council tax overpayments or arrears. Should Mrs X seek help known as ‘section 13A’ discretionary council tax relief there is a right of appeal to the Valuation Tribunal which would place such a claim outside the Ombudsman’s jurisdiction.

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Final decision

10. The Ombudsman will not investigate Mrs X’s complaint about how the Council has handled her council tax account. We cannot achieve anything by investigating. Mrs X could have reasonably appealed decisions on council tax entitlement to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman