Summary: We will not investigate this complaint about how the Council applied a council tax discount. This is because there is insufficient evidence of fault by the Council and because the discount has now been reinstated so further investigation would not lead to a different outcome. We cannot investigate how the Council managed the complainant’s tenancy because this relates to the Council’s role as a social housing provider.

The complaint

1. The complainant, who I will call Mr X, complains that the Council refused to remove a third part from his tenancy. Mr X says this meant a council tax bill was issued to his property with only a 50% discount, rather than the 100% he is entitled to.

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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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

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

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My assessment

6. I cannot investigate Mr X’s complaint that the Council refused to remove a third party from his tenancy. This is because we have no jurisdiction to investigate complaints about the Council’s management of social housing and social housing tenancies. I do note however, that the Council has now removed the third party from Mr X’s tenancy.
7. I will not investigate Mr X’s complaint about how the Council managed his council tax bill. This is because the Council and Mr X have both confirmed that the 100% discount has been reinstated, now that the third party has been removed from Mr X’s tenancy. Mr X has said he is happy that the matter has been resolved and therefore it is unlikely investigation would lead to a different outcome.

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Final decision

8. We will not investigate Mr X’s complaint because we cannot investigate the Council’s actions as a social housing landlord and because further investigation into Mr X’s complaint about his council tax would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman