Summary: We will not investigate this complaint about alledged failures by the Council to communicate with the complainant over council tax premiums applied to her second property. These matters primarily occurred between 2020 and 2023 and so our late. There are no good reasons why we should exercise our discretion and investigate these. There is insufficient evidence of fault by the Council with respect to support and advice given to the complainant during the time period within our jurisdiction.

The complaint

1. The complainant (Ms X) alleges the Council delayed responses for years regarding inflated council tax charges on her empty property, which she claims is furnished and has been ready for sale. Ms X says that despite proving evidence of this, the Council imposed excessive charges totalling approximately £22,000. She says the Council has provided inadequate support to help her clear the debt given her financial hardship. Ms X also accuses the Council of trespassing on her property and harassing her.
2. In summary, Ms X says the Council’s actions have caused her extreme stress, financial strain, and a lack of progress in addressing her property’s issues. She describes working excessive hours to manage debt while enduring harassment from the Council. As a desired outcome, she requests the Council write off the unaffordable debt as she cannot pay it and has not received services equivalent to the amount charged. She also wants compensation for the stress endured and accountability for the problems.

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The Ombudsman’s role and powers

3. 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 per-son 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 there is not enough evidence of fault to justify this. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
4. 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).
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended).

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How I considered this complaint

6. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

Premium rate and communication

7. The legal restriction I outline at paragraph three (above) inserts a time limit for a member of the public to bring their complaint to the attention of the Ombudsman. Its intention is two-fold: to provide us with the best opportunity of arriving at a robust, evidence-based decision on complaints about recent events and to ensure fairness by enabling us to decline an investigation into historic matters, which could and should have formed the basis of a complaint to us far sooner.
8. The complaint relates to communications between Ms X and the Council 2019 and 2024 and Ms X’s efforts to contest the premium rate applied to the second property. Ms X says the Council failed to respond to her contacts and consider the information she provided. The evidence shows Ms X complained to the Council at some point in 2023. The Council issued two responses under its complaints policy, first in December 2023 and secondly in March 2024 following Ms X escalating her complaint. She then brought her complaint to the Ombudsman in January 2025 (ten months after the Council’s final response).
9. I will only consider the matters raised in Ms X’s complaint which occurred 12 months prior to her bringing her complaint to us. This means the scope of my assessment relates to matters between Janaury 2024 and Janaury 2025. There has been a ten month delay between Ms X bringing her complaint to the Ombudsman since she received the Council’s final response which signposted her to our service. The failings alledged by Ms X between 2019 and 2023 could and should have formed the basis of a complaint. The evidence shows she had knowledge of the problems between that period and I see no good reason to exercise my discretion and investigate these earlier matters.

Financial support

10. In my view, the only issue remaining is the advice and support offered by the Council to deal with Ms X’s point that she is in financial hardship. I can see the Council informed Ms X of its decision to remove the council tax premium, effective from December 2019. This amounted to approximately £11,000 being removed from the debt owed. With respect to premium charges applied prior to this, the Council has invited Ms X to send documentary evidence of her efforts to try and well the second home and it will consider removing further charges applied in accordance with its discretionary relief policy. The Council has noted Ms X’s feels she is in financial hardship and has signposted her to council tax support and reduction schemes which she can apply for along with evidence. In my view, the Council has offered appropriate support and advice. There is insufficient evidence of fault to justify an investigation.

Trespass and Harassment

11. I will not investigate any issues relating to civil/criminal trespass or harassment as we are not the appropriate body to do so. We have no powers to investigate criminal matters, make a binding finding of legal culpability or enforce an award of damages. If Ms X alleges criminal wrongdoing, the appropriate body is the police and if otherwise, could reasonably take court action about such matters.

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Final decision

12. We will not investigate this complaint. This is because the restrictions I outline at paragraph three to five (above) apply.

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Investigator's decision on behalf of the Ombudsman