Summary: We will not investigate this complaint about the Council’s advice and handling of council tax reduction as there is not enough evidence of fault. Ms X also had appeal rights to the Valuation Tribunal which she has used.

The complaint

1. Ms X complained about advice the Council gave regarding a council tax reduction and said that it has not agreed to a reduction that she is eligible for on medical grounds. She says the issue has increased her debt and caused her distress, and she has spent time trying to resolve the matter.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (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.
6. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

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

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My assessment

9. Ms X asked for a council tax reduction based on medical grounds and asked for help to manage repayment of her council tax arrears. The Council agreed Ms X could pay her arrears in instalments, and said this would need to be paid monthly and in addition to her usual monthly payment of council tax. It said she would need to submit evidence to show that she was eligible for a reduction in council tax based on medical grounds and Ms X believes she has done so. But the Council says she must provide evidence to show she qualifies for certain benefits before it could award the reduction. Ms X says the Council was not clear about this at the outset and that she cannot engage with the relevant bodies due to issues she has experienced with them in the past. She does not therefore meet the criteria for the reduction and the Council refused her application.
10. Ms X disagrees with the Council’s decision and appealed to the Valuation Tribunal. Because Ms X has used her right of appeal we cannot look at this matter further, as set out at Paragraph 2.
11. Ms X says that the Council has failed to consider her disability but I have seen no clear evidence to show this is the case. The Council has referred Ms X to other bodies which may be able to help with an application and can only assess her eligibility for any reductions based on the evidence available. We cannot decide if the Council has discriminated against Ms X so if she wishes to pursue the point further she may wish to consider taking the matter to court.
12. The court has confirmed the amount Ms X owes to clear her council tax arrears, and we cannot therefore investigate any complaint about her liability for the arrears or the amount she owes.
13. The Council has agreed to accept payment of the current year’s council tax and payment of arrears at the level Ms X asked for but she suggests this is now unaffordable. Ms X has asked the Council to consider reducing the amount of her payments, but this was not the subject of her complaint. If the Council refuses to change the amount of her payments, and if Ms X believes it has failed to consider her request properly, she would need to raise a new complaint with the Council. She may then refer the matter to us once she has a final response from the Council. The Council has also informed Ms X of council tax reduction schemes she might be eligible for, but Ms X would need to provide evidence to show she is eligible before it could award any reduction.

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Final decision

14. We cannot investigate Ms X’s complaint because she has used her right of appeal to the Valuation Tribunal. There is also insufficient evidence of the fault by the Council as it has agreed to reassess Ms X’s eligibility for council tax reduction once it receives evidence from her.

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Investigator's decision on behalf of the Ombudsman