Summary: We will not investigate this complaint about the Council’s handling of Mrs X’s council tax account. She also complains the Council failed to properly consider her request for council tax support. This is because some matters complained about are late and there are no good reasons to exercise discretion to consider the late complaint. In addition, there is insufficient evidence of fault to justify an investigation.

The complaint

1. Mrs X complains about the Council’s handling of her council tax account. She says her council tax bills for the years 2019-2023 are unaffordable for her. She also complains the Council failed to properly consider her request for council tax support.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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

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

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My assessment

7. Mrs X was aware of her council tax arrears in October 2020 as this was when the Council issued a first reminder for payment. The Council also issued a summons for the arrears in February 2021.
8. Mrs X did not complain to the Council until February 2022. There is no good reason why Mrs X could not have complained to us earlier about the issues, especially given she was aware of her arrears in October 2020. Therefore, her complaints about the Council’s handling of her council tax arrears in the 2020/21 financial year are late and we will not investigate it.
9. We will not investigate Mrs X’s complaints about the Council’s handling of her council tax arrears for the 2021/22 and 2022/23 financial years. This is because there is no evidence of fault in the way the Council has dealt with Mrs X’s council tax account.
10. The Council is entitled to charge Mrs X council tax and can pursue payment of the charge. The evidence shows the Council followed the correct procedure when pursing Mrs X for the council tax arrears.
11. Further, the Council has explained to Mrs X that it cannot offer any further financial support as the maximum council tax support (CTS) had been awarded. The Council also signposted Mrs X to various organisations who could provide more advice and guidance, and appropriately suspended its recovery action to consider and respond to Mrs X’s complaints.
12. With regards to Mrs X’s complaint that the Council failed to properly consider her request for CTS, there is no evidence of fault to justify an investigation. The Council provided Mrs X with a breakdown of how it calculated the CTS. The Council also confirmed that although Mrs X’s husband did not apply for CTS until December 2020, it backdated the support to May 2020.
13. Sadly, Mrs X’s husband recently died. This meant his CTS entitlement ended. The Council appropriately advised Mrs X to apply for CTS in her own name, and explained it cannot award Mrs X CTS until this was done.

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Final decision

14. We will not investigate Mrs X’s complaint because some matters complained about are late and there are no good reasons to exercise discretion to consider the late complaint. In addition, there is insufficient evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman