Summary: We will not investigate this complaint about the Council’s decision not to reduce the complainant’s council tax or extend a payment plan. 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 will not reduce his council tax even though he is on a low income. He also says he cannot get through on the phone and the Council does not respond to emails. He wants the Council to extend the agreement for him to pay £65 a month. He also wants compensation for the impact on his mental health.

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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 the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. People on a low income may qualify for Council Tax Support (CTS). CTS is a benefit that helps people pay their council tax. The Council can only reduce someone’s council tax if they make a successful claim for CTS.
5. The Council sent CTS claim forms to Mr X in May and October 2021 and offered help to complete the form. Mr X has not applied for CTS and says he will not do so. The Council cancelled enforcement action in 2021 to give Mr X time to apply for CTS.
6. Mr X says he has a low income. In November 2021 he had council tax arrears of £1208. The Council set up a payment plan for Mr X to pay £65 a month from November to March with the balance of £883 due by the end of March. Mr X made some payments but did not keep to the plan. Mr X did not clear the arrears. In November the Council again invited Mr X to apply for CTS.
7. In November the Council banned Mr X from calling the Council because he had been abusive; this ban has recently been extended. Mr X can contact the Council in writing.
8. Mr X asked the Council to extend the agreement for him to pay £65 a month. The Council declined. It said it offered the plan in November to give him time to recover financially. It said it cannot extend the plan as it is not a long-term solution and will lead to arrears. The Council encouraged Mr X to apply for CTS
9. Mr X has arrears for the current year. The Council cancelled a summons in May to give him time to apply for CTS. In response to his complaint, the Council apologised for delays in getting through by phone but said most calls are answered within a reasonable time.
10. I will not investigate this complaint because there is insufficient evidence of fault by the Council. Mr X is on a low income but unless he makes a successful claim for CTS the Council cannot reduce his council tax. And, making another agreement to pay £65 a month would lead to further arrears as, without a CTS award, the full amount of council tax still needs to be paid. In addition, the Council has tried to help by cancelling recovery action, making a short-term payment plan and offering help to apply for CTS.
11. Mr X says the Council does not reply to emails but he received a response in November which set up the payment plan. I appreciate it is frustrating to wait for calls to be answered but there is nothing to suggest we need to start an investigation.

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Final decision

12. 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