Summary: We will not investigate this complaint that the Council failed to advise Mrs X about a council tax discount as there is insufficient evidence of fault by the Council.

The complaint

1. Mrs X complains the Council failed to advise her about an empty property discount she would have been entitled to, had she removed the furniture from a deceased relative’s house. Mrs X thinks the Council should refund her the council tax she had to pay because of this.

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The Ombudsman’s role and powers

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X complains that a Council staff member, during a telephone call about a deceased relative’s property, failed to advise her about an empty property discount she would have been entitled to, had she removed the furniture from the house.
6. The Council says it does not have a full record of what was said in the telephone call though the information it had at that point was that the relative’s estate was still being dealt with and so the property was fully exempt from council tax. The Council says it was unaware that Mrs X had applied to the Land Registry to transfer the property into her name, thus making her liable for council tax from the transfer date.
7. As there is no recording of the call, I am unable to determine all that was said in the telephone call in question and I am therefore unable to say there is sufficient evidence of any fault by the Council, causing the injustice Mrs X claims, to warrant our investigating the complaint.

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Final decision

8. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman