Summary: We will not investigate Mr X’s complaint about liability for council tax and recovery. This is because it is a late complaint and there is no good reason to exercise discretion.

The complaint

1. Mr X complains:
• About his council tax liability for 2021 to 2023.
• that the council tax debt is being reclaimed from his Universal Credit (UC).
• that he did not know he needed to apply for Council Tax Support (CTS) and he has had difficulty in communicating with the Council and submitting information online.

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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 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))
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)
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)

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How I considered this complaint

5. I considered information provided by Mr X and the Council. I also considered our Assessment Code.

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My assessment

6. Mr X disputes his liability for council tax for 2021 to 2023. However, the court issued a liability order for this period and we have no power to investigate any matter that has been considered in court.
7. Mr X has been aware of his council tax arrears since the liability order in February 2023 and the Council began to take money from his Universal Credit (UC) in 2023. The time for receiving complaints is a year from when someone became aware of the matter they wish to complain about. Mr X did not complain to us within a year of that date and I have not seen any good reason to accept a late complaint on these matters.
8. Mr X complains he did not know he needed to apply for CTS. However, evidence shows he spoke to the Council in 2023 and in 2024. Each time he was advised to submit a backdated claim for CTS. An application form was issued to him care of his mother’s address. He was also advised to attend a Customer Contact Centre in person if he was not able to submit information online. There is insufficient evidence of fault to warrant an investigation.

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Final decision

9. We will not investigate this complaint about council tax liability and the recovery of arrears. There is because it is a late complaint.

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Investigator's decision on behalf of the Ombudsman