Summary: We will not investigate this complaint about applications for discretionary council tax support and council tax exemptions. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council does not advertise discretionary council tax support (section 13a support) and uses income from the wrong year to assess claims. He also complains the Council has not processed his application for an exemption on the grounds of severe mental impairment (SMI).

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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))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code.

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My assessment

4. Mr X applied for section 13a support for council tax for 2024. The Council asked for more information because it found some discrepancies in the supporting evidence he had provided. The Council has been unable to process the application because Mr X has not provided the additional information.
5. I will not investigate this part of the complaint because there is insufficient evidence of fault by the Council. This is because the Council cannot assess the claim until Mr X provides the additional evidence.
6. Mr X complained about a lack of publicity about section 13a support and complained the Council was assessing his application using his current income rather than his income during 2024. The Council sent a copy of the section 13a policy, which forms part of the wider debt recovery policy. The Council explained it assesses claims using current income because, while someone may have accrued arrears in the past, their current financial situation may have improved such that they have the resources to the pay the council tax without support.
7. I will not investigate this part of the complaint because there is insufficient evidence of fault causing injustice. The Council’s website does contain information about section 13a help, although this could perhaps be made more prominent on the council tax webpage. This, however, does not amount to fault requiring an investigation. In addition, the Council explained why it uses current financial information to assess claims and there is nothing in that explanation to suggest we need to start an investigation.
8. Mr X says the Council failed to process a section 13a application for this tax year and has not processed an application for a SMI exemption. The Council says Mr X has not submitted a claim for the current tax year. It says Mr X made an enquiry in May about claiming a SMI exemption and the Council told him how to apply. The Council says Mr X has not made a SMI application or provided the supporting evidence.
9. I will not investigate this part of the complaint because there is insufficient evidence of fault. This is because Mr X has not provided enough information to enable the Council to process a section 13a application for this year or a SMI exemption.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault causing injustice.

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Investigator's decision on behalf of the Ombudsman