Summary: We will not investigate Mrs X’s complaint about the Council’s decision to refuse her application for council tax reduction. This is because the complaint is outside the Ombudsman’s jurisdiction as it was reasonable for Mrs X to use her right of appeal.

The complaint

1. Mrs X complains about the Council’s decision to refuse her application for council tax reduction. She also complains:
• The Council charged her council tax for a period she was not liable for.
• Failed to respond to her subject access requests.
• Failed to consider her payment plan proposal for the council tax year 2024/25.
• A council officer inappropriately approached her and asked for her to sell her property to them.
• A council officer physically attacked her.
• The Council had missed arranged meetings.

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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. 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
5. 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Mrs X complains about the Council’s decision to refuse her application for council tax reduction. The Council said it had considered Mrs X’s application but refused it. The Council also completed a review and again refused her application. The Council confirmed it had notified Mrs X about her right to appeal this decision.
9. Appeals about council tax reduction can be appealed to the Valuations Tribunal. It was reasonable for Mrs X to appeal if she disagreed with the Council’s decision. Therefore, we won’t investigate this complaint matter because it is outside the Ombudsman’s jurisdiction.
10. Further, Mrs X also complains the Council has charged her council tax for a period she considers she is not liable for. Again, the Valuations Tribunal can consider appeals about council tax liability. As Mrs X disputes her liability for the period charged, it is reasonable for her to appeal. Therefore, we won’t investigate as it is outside the Ombudsman’s jurisdiction.
11. Two of Mrs X’s complaints are premature to the Ombudsman. Mrs X has made complaints about her council tax charges for 2024/25, including that the Council has ignored her proposed payment plan. The Council has only responded to Mrs X’s complaints about her charges for 2024/25 at stage one of its complaint procedure. The Council has a further stage, and it is reasonable to expect Mrs X to escalate to stage two if she is unhappy.
12. Mrs X’s complaints about a council officer inappropriately asking her to sell them her property has not been addressed by the Council. Therefore, the Council has not had a reasonable opportunity to consider this complaint. It is reasonable to give the Council the opportunity and so this complaint matter is also premature to the Ombudsman.
13. Mrs X’s complaint that the Council has not responded to her subject access request is best considered by the Information Commissioner’s Office as this is a complaint about the Council not meeting its duties under data protection legislation.
14. Finally, Mrs X has made complaints about the Council missing meetings and an officer physically attacking her. Mrs X accepts these complaints are about matters than happened more than 12 months ago. Mrs X has not provided any reasons for why she could not complain earlier. Therefore, I am not satisfied there are any good reasons to exercise discretion to consider these late complaints.

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Final decision

15. We will not investigate Mrs X’s complaint because some of the complaint matters are out of the Ombudsman’s jurisdiction as it was reasonable for Mrs X to use her right of appeal. In addition, some complaints are late and there are no good reasons to exercise discretion to consider the late complaints. Finally, we will not investigate the remaining complaint matters because another body is better placed and the complaints are premature to the Ombudsman.

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Investigator's decision on behalf of the Ombudsman