Summary: We will not investigate this complaint about the complainant’s council tax support in 2018 and council tax arrears from 2018. This is because there is insufficient evidence of fault by the Council, it is a late complaint, and because there were appeal rights the complainant could have used.

The complaint

1. The complainant, Ms X, says the Council lied and did not award council tax support (CTS) in 2018/19. She disputes she has arrears from 2018/19 and says the Council did not award she correct amount of benefit in 2018/19.

Back to top

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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)
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.

Back to top

How I considered this complaint

6. I considered information provided by Ms X and the Council. This includes the complaint correspondence, CTS decisions and council tax bills. I also considered our Assessment Code.

Back to top

My assessment

7. Ms X has council tax arrears of £293 for 2018/2019. I have seen evidence the Council told her about the arrears in 2021 but it may have told her about them before then.
8. Ms X received CTS in 2018/19 but says the Council did not award the correct amount. She says she did not receive a discount for a period when the property was empty and says the Council should have awarded CTS from November 2018 to January 2019. I have seen evidence the Council awarded CTS for this period, and for much of 2018/19; it also awarded a discount for a month when the property was empty in 2018 (notified in March 2021).
9. The current position is that Ms X has arrears of £293. The Council would like her to make a payment proposal.
10. I will not investigate this complaint for the following reasons. There is insufficient evidence of fault by the Council because the documents show the Council awarded CTS and the empty home discount.
11. If Ms X disagreed with the amount of CTS the Council awarded or the empty home discount, she could have appealed to the Valuation Tribunal. It is reasonable to expect her to appeal because the tribunal is the appropriate body to consider CTS and council tax disputes. The CTS award letters notified Ms X of her appeal rights.
12. Finally, this is a late complaint. Ms X has been aware of the CTS award since 2018 but did not complain to us until July 2024. She has been aware of the arrears since March 2021 (and quite likely from an earlier date) but she did not complain to us until 2024. I have not seen any good reason to accept such a late complaint, especially as Ms X could have used her appeal rights and there is nothing to suggest fault by the Council.

Back to top

Final decision

13. We will not investigate this complaint because there is insufficient evidence of fault by the Council, it is a late complaint, and Ms X could have used her appeal rights.

Back to top

Investigator's decision on behalf of the Ombudsman