Summary: We will not investigate Mr X’s complaint about the advice provided by the Council in relation to his eligibility for a single occupancy discount for his council tax. This is because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint.

The complaint

1. Mr X complains about the advice provided by the Council in relation to his eligibility for a single occupancy discount for his council tax. He says the incorrect advice from the Council prevented him from receiving the discount sooner and he has incurred penalties.

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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. 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

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says the Council provided him with incorrect information about his eligibility for a single occupancy discount for his council tax account on 30 January 2023. The Council disputes it discussed a single person occupancy discount with Mr X on this call.
7. Whether the Council provided misinformation or not, this complaint is late, as the matter complained about happened more than 12 months ago.
8. The time for us receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council, or it issued its final response.
9. I have considered that Mr X was not aware of the alleged misinformation until he discussed this matter with the Council in July 2023. Again, this is over 12 months ago and there are no good reasons to exercise discretion and consider the late complaint.
10. Any complaint about the costs for court summons received (including those received within the last 12 months) would be outside our jurisdiction. As part of our role, we cannot consider costs which were added due to the starting of court action. This would be a matter for the courts to decide.

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Final decision

11. We will not investigate Mr X’s complaint because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint.

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Investigator's decision on behalf of the Ombudsman