Summary: We will not investigate this complaint that the Council says the complainant must pay full council tax even though he gets pension credit. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council has not reduced his council tax even though he gets pension credit. Mr X says people who receive pension credit should pay less council tax but the Council will not reduce his bill.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes information about his claims for council tax reduction (CTR). I also considered the Ombudsman’s Assessment Code.

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My assessment

4. CTR is a benefit which helps people on a low income pay their council tax. People must submit an application for CTR with supporting evidence. The Council cannot assess a claim, and award CTR, unless someone makes an application.
5. Mr X complains the Council has not reduced his council tax even though he is on a low income and gets pension credit. The Council says it sent CTR application forms to Mr X which he has either not returned or he did not send the supporting information. I have seen a letter the Council sent to Mr X in February which invited him to apply.
6. Mr X submitted a CTR claim in March. The Council closed the application in May because he had not provided the supporting evidence. Mr X sent the outstanding evidence on 23 May and the Council awarded CTR on 24 May. The Council has also awarded a £50 hardship payment.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. Mr X is on a low income but the Council could not reduce his council tax until Mr X submitted a claim for CTR with the supporting information. When Mr X submitted a claim and supporting evidence the Council awarded CTR. There is no suggestion of fault by the Council and no reason to start an investigation.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman