Summary: We will not investigate this complaint about misinformation by the Council as there is a right of appeal to a Valuation Tribunal. Further, part of the complaint is out of time.

The complaint

1. Ms X complains that she was told, incorrectly, in 2022 that she could not make a request for discretionary funding to write off Council tax arrears.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. 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)

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How I considered this complaint

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

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My assessment

7. Ms X complained to the Council in 2022 about delay in determining her Council tax support from December 2021. The Council apologised for the delay but advised that the (then) current arrears could not be written off as compensation.
8. Ms X then complained in 2023 that she was not advised that she could apply for a discretionary payment which would have written off the arrears.
9. The complaint made in 2022 about delay is out of time for investigation by the Ombudsman as it could have been made to this office within 12 months of becoming aware of the delay.
10. I have therefore considered whether the failure to advise about the right to ask for a discretionary payment is fault. The Council says that any request for a discretionary payment in 2022 for arrears which occurred in 2021 would have been refused as it related to an earlier Council tax year. This is the Council’s policy. However, any decision made by a Council regarding a discretionary decision can be appealed to a Valuation Tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
11. The question of whether the Council should have compensated Ms X for the original delay is out of time. The remedy for incorrect advice is to make a request now and appeal any negative decision to the Valuation Tribunal.

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Final decision

12. We will not investigate Ms X’s complaint because part of the complaint is out of time and the recent complaint could be appealed to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman