Summary: We will not investigate Mr X’s complaint about the Council’s handling of his council tax account. He says the Council has not provided adequate council tax support and failed to appropriately apply a student discount. This is because some of his complaints are late and there are no good reasons to exercise discretion to consider the late complaints. In addition, it is reasonable for Mr X to use his right of appeal and there is insufficient of fault.

The complaint

1. Mr X complains about the Council’s handling of his council tax account. He complains the Councill:
• Failed to provide adequate council tax support.
• Failed to apply a student discount.
• Failed to investigate his complaints about racial abuse during a phone call.
• Inappropriately escalated his case to enforcement agents.

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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 not enough evidence of fault to justify investigating. (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.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X complains about the Council’s handling of his council tax account for two properties. He says the Council has not applied student discount for the full period he is entitled to and failed to provide him with council tax support/reduction.
9. In its complaint response, the Council explained Mr X and his partner first applied for council tax support in 2015, and later in March 2023. It said it cancelled his claim in 2015 due to not receiving appropriate information about his household income, and issued a decision in 2023 that he did not qualify for council tax support/reduction due to excess income.
10. Mr X received the decisions in 2015 and 2023, and it is reasonable to expect him to have complained earlier if he was unhappy with the decision. Mr X has not provided any good reasons for why he did not complain to us earlier. Therefore, an investigation is not justified because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint.
11. Mr X said he received racial abuse from the Council during a phone call and that the Council failed to investigate the complaint appropriately. The Council confirmed the phone call Mr X complains about happened in March 2203. Again, if Mr X was unhappy with the way the Council dealt with his complaint, then it was reasonable for him to have complained to us at the time. I cannot see any good reasons to exercise discretion to consider this late complaint. Therefore, an investigation is not justified.
12. The Council has provided Mr X with a detailed breakdown of all the student discount that it has awarded to him. The Council said this was based on the evidence submitted by Mr X to evidence his student status. The Council has explained why Mr X is not entitled to student discount for some periods.
13. Mr X had the right to appeal to the Valuations Tribunal if he disagrees with the Council’s decision of when to award student discount. It is reasonable for Mr X to use his right of appeal. Therefore, an investigation is not justified.
14. Finally, the Council explained it passed the case to enforcement agents because it had been unable to collect the debt owed by Mr X. The Council said it had made efforts to recover the debt from Mr X and that it had previously agreed payment plans with Mr X. However, Mr X defaulted on these payment plans.
15. An investigation is not justified as we are not likely to find fault. This is because the Council is allowed to recover council tax debt owed and it followed its recovery policy appropriately.

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Final decision

16. We will not investigate Mr X’s complaint because some of his complaints are late and there are no good reasons to exercise discretion to consider the late complaints. In addition, it is reasonable for Mr X to use his right of appeal and there is insufficient of fault.

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Investigator's decision on behalf of the Ombudsman