Summary: We will not investigate this complaint about the Council’s alleged failure to communicate with Miss X when it had a housing duty towards her or to properly advise her regarding council tax. This is because most of the complaint concerns events that took place more than 12 months ago and there is no good reason to exercise discretion to investigate matters that took place this long ago. Further, even if we did exercise discretion, it is unlikely we would find fault with the Council’s actions.

The complaint

1. Miss X complained the Council failed to communicate with her after accepting it had a duty to house her and her family. She also complained the Council failed to properly advise her regarding council tax liability and this led to her incurring a council tax debt.

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The Ombudsman’s role and powers

2. 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)
3. 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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating.

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

4. 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)
5. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

6. I considered information provided by Miss X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. After Miss X became threatened with homelessness in July 2022, the Council accepted it had a duty to rehouse her in September 2022. Miss X was rehomed along with her family in July 2023 after the Council made Miss X a direct offer.
9. Miss X complained to the Council in November 2023 that she was unhappy with the lack of communication she had received from the Council whilst it was finding her housing. She also said a Council housing advisor spoke with a lettings agent against her wishes and misadvised her regarding her council tax liability, causing her to accrue a debt.
10. The Council investigated Miss X’s complaint and provided a chronology showing it had contacted her and kept her updated throughout its attempts to find her suitable accommodation. The Council could not find evidence of informing Miss X she was not liable for council tax and did not uphold this complaint either. Miss X referred the complaint to the Ombudsman.
11. The Ombudsman will not usually investigate complaints regarding events the complainant has been aware of for more than 12 months unless there are good reasons to do so. Miss X’s complaint regarding lack of communication received from the Council and the housing advisor’s conduct was ongoing from September 2022; it would have been reasonable for her to bring it to us sooner. There is no good reason to exercise discretion to investigate these matters now.
12. Based on the evidence seen so far, the part of the complaint that is within time and concerns the Council’s communication with Miss X following the Council’s direct offer would be unlikely to result in a finding of fault on the Council’s part.
13. Miss X remains unhappy regarding the council tax debt she has incurred, and she wants the Ombudsman to instruct the Council to reimburse her for this debt. There is no evidence the Council informed Miss X she was not liable for council tax. Further, the Ombudsman cannot determine whether Miss X is liable for this debt, this is the role of the Valuation Tribunal. It is therefore open to Miss X to refer this part of her complaint to the Tribunal.

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Final decision

14. We will not investigate Miss X ’s complaint because it concerns events that took place more than 12 months ago and there is no good reason to exercise discretion to investigate matters that took place this long ago. Further, even if we did exercise discretion, it is unlikely we would find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman