Summary: Mr and Mrs X complained the Council incorrectly pursued them for a council tax debt and delayed in processing an application for a discretionary payment. Based on current evidence we have found the Council at fault for a delay in processing Mrs X’s application and failing to respond to their requests for updates. This caused Mr and Mrs X frustration, uncertainty and distress. The Council has agreed to apologise and make a symbolic payment to remedy the injustice caused.

The complaint

1. Mr and Mrs X complained the Council pursued them for a council tax debt which was part of a debt relief order. They also complained the Council delayed in responding to their application for a discretionary payment and failed to respond to their correspondence about these issues. Mr and Mrs X say this caused them anxiety and stress and their mental health issues have been exacerbated. Mr and Mrs X would like the Council to apologise and improve its services to ensure the same issues do not happen again.

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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 or continue an investigation if we decide further investigation would not lead to a different outcome (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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What I have and have not investigated

5. I have not investigated Mr and Mrs X’s complaint the Council pursued them for a council tax debt which was part of a debt relief order. This is because the Council has confirmed this debt has been removed from Mrs X’s council tax account so there is no other outcome achievable.
6. I have investigated Mr and Mrs X’s complaint the Council delayed in processing their application for a discretionary payment and failed to respond to their correspondence about the application.

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How I considered this complaint

7. I considered evidence provided by Mr and Mrs X and the Council as well as relevant law, policy and guidance.
8. Mr and Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

What happened

9. At the beginning of March 2024 Mrs X applied for a discretionary discount on her council tax account. Prior to submitting this application Mr and Mrs X were advised the application would be processed and decided in approximately two weeks.
10. The application form explained applications made on the grounds of financial hardship should be supported by a statement of income and expenditure and two months bank statements. Mrs X applied on the grounds of financial hardship and provided a personal independent payment (PIP) award letter and employment support allowance (ESA) letter as supporting evidence.
11. Over two months later, at the end of May 2024, Mrs X emailed the Council’s revenue service to ask for an update on her discretionary payment application. The revenue service responded 5 days later and requested further information to allow it to look into the application. Mrs X responded with the requested information the same day but did not receive any further correspondence about her application.
12. Mr X contacted the revenues team again in June and July to request an update on the application. The Council did not respond to Mr X’s contact.
13. At the end of August 2024 Mr X submitted a complaint to the Council as it had not processed the discretionary payment application or responded to Mr and Mrs X’s requests for an update.
14. The Council issued a complaint response two weeks later. The Council’s response explained the delay in processing the discretionary payment application was due to multiple factors which the Council had taken steps to address. The response also advised Mr and Mrs X’s application would be decided that week.
15. The same day the Council issued a decision letter to Mr and Mrs X which explained they had not provided the correct supporting evidence, so their application was not approved. Mr and Mrs X appealed this decision and provided the relevant supporting evidence. The Council approved the application on appeal.

My findings

16. There was approximately a 6 month delay in the Council processing Mrs X’s discretionary payment application and providing an outcome. This is fault which caused Mr and Mrs X distress, frustration and uncertainty.
17. The Council failed to respond to Mr and Mrs X’s correspondence between May and September. This is fault which caused Mr and Mrs X uncertainty and frustration.
18. In its complaint response the Council explained it has made service improvements to address the backlog in discretionary payment applications. Therefore, I have not made any further service recommendations.

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Action

19. Within one month of the final decision the Council will:
• Apologise to Mr and Mrs X for the faults identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology.
• Make a symbolic payment of £250 to Mr and Mrs X in recognition of the injustice caused by the delay in processing their discretionary payment application.
• Make a symbolic payment of £250 to Mr and Mrs X in recognition of the injustice caused by the failure to respond to their requests for updates.
20. The Council should provide us with evidence it has complied with the above actions.

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Decision

21. I find fault causing injustice. The Council has agreed to remedy the injustice caused.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman