Summary: We will not investigate this complaint about backdating a Severe Mental Impairment exemption for council tax. This is because there is insufficient evidence of fault by the Council and we could not achieve the outcome the complainant would like.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council will not backdate her Severe Mental Impairment (SMI) exemption to 2008. Ms X wants the Council to award backdating and pay compensation.

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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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Ms X applied for a SMI exemption. People can get a SMI exemption if a doctor confirms they have a severe mental impairment and the person provides proof they receive a qualifying benefit.
5. Ms X’s doctor sent forms to the Council stating Ms X has a severe mental impairment. Unfortunately the forms had different dates about the start of the impairment. The Council is continuing to seek confirmation and clarification from the doctor. Ms X has indicated that her doctor does not want to answer more forms. The Council said it would cover reasonable costs if her doctor makes a charge for filling in another form.
6. Ms X provided proof she has been getting a qualifying since April 2023. The Council awarded the SMI exemption from April 2023. The Council told Ms X that not only would her doctor need to provide satisfactory evidence about the start date of the impairment, but Ms X would also need to provide evidence of getting a qualifying benefit from before April 2023.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council can only award a SMI if it has satisfactory evidence of the start date of the impairment and proof of the person getting a qualifying benefit. The Council has proof of a qualifying benefit, and mental impairment, from April 2023 but it cannot backdate the exemption further because it does not have the evidence for any time before April 2023. The Council might be able to further backdate the exemption if Ms X provides more evidence. The Council has continued to ask the doctor for evidence but it would be for Ms X to provide proof that she received a qualifying benefit before April 2023.
8. I also will not start an investigation because we cannot achieve the outcome Ms X would like. The Council can only award the exemption if the qualifying conditions are met. We have no power to ask the Council to award the exemption without those qualifying conditions being met. I acknowledge Ms X feels her doctor has provided enough evidence but she still needs to provide proof of getting a qualifying benefit.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council and we could not achieve the outcome Ms X would like.

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Investigator's decision on behalf of the Ombudsman