Summary: We will not investigate this complaint about a council tax discount as there is insufficient evidence of fault by the Council plus we cannot achieve the outcome the complainant seeks.

The complaint

1. Ms X complained the Council did not respond to her representative’s request for it to apply a discount on her council tax account due to her having been diagnosed with a depressive disorder. Ms X says this has affected her mental health and wants the discount to be applied.

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

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How I considered this complaint

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

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My assessment

8. The Council responded to Ms X’s representative explaining why she was not eligible for council tax exemption relating to ‘severe mental impairment’ as this only applies when there is severe impairment of intelligence and social functioning which is deemed to be permanent, and depressive disorder is not considered to be such.
9. It is not clear why this information was not passed on to Ms X but there is insufficient indication of fault by the Council to justify our further involvement.
10. In addition, we cannot ask the Council to apply the exemption as we are not empowered to do so. The Valuation Tribunal (VT) is the independent body that does have this power and if Ms X considers the Council’s decision is wrong, it is open to her to ask the VT to consider her case, via appeal.
11. For these reasons, we will not investigate.

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Final decision

12. We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council and we cannot achieve the outcome she seeks.

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Investigator's decision on behalf of the Ombudsman