London Borough of Croydon (22 016 736)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council rejecting Miss X’s request for council tax reduction and about delays in the Council processing her request. This is because there is insufficient evidence of fault to justify an investigation. In addition, the Council has offered an appropriate remedy to injustice caused by the delay in processing her request.
The complaint
- Miss X complains the Council failed to support her when she was struggling to pay her council tax as it rejected her request for council tax reduction. She also complains the Council delayed in processing her request.
The Ombudsman’s role and powers
- 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, or
- further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has explained why Miss X has two council tax accounts for one property. The Council explained the first account was opened in 2007, solely in her name. The new account was opened in 2019 due to another person moving into the property.
- The Council said both of Miss X’s council tax accounts were in arrears due to non-payment of council tax for every tax year between 2007/08 and 2022/23.
- The Council said Miss X’s request for council tax reduction for the previous tax years were rejected as the request was not for the current tax year. The Council says its discretionary relief policy notes that any application made for a reduction in council tax must relate to the current tax year.
- An investigation is not justified as we are unlikely to find fault with the Council. This is because the Council has explained to Miss X why her request for reduction for the previous tax years were declined. The decision is discretionary and so was a decision the Council was entitled to make.
- The Council accepted it had delayed in processing Miss X’s request for council tax reduction. The Council has offered Miss X £100, to be offset against the council tax arrears, to recognise the injustice caused by the delay. This is an appropriate remedy, and I am satisfied no further remedy is needed given the circumstances.
Final decision
- We will not investigate Miss X’s complaint because there is insufficient evidence of fault to justify an investigation. In addition, the Council has offered an appropriate remedy to injustice caused by the delay in processing her request.
Investigator's decision on behalf of the Ombudsman