Swindon Borough Council (25 001 022)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 06 Oct 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about how the Council responded to his request for information on how it spent council tax contributions. The complaint is late and there is no good reason to investigate now.
The complaint
- Mr X complained the Council delayed in responding to his request for information about council tax. Mr X stated that this has damaged his mental health. Mr X would like the Council to improve their communications, dismiss those employed by sub-contractors and offer him compensation.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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 or continue an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X contacted the Council in 2016 and 2017 to ask for information on how the Council spent the council tax it collected. Mr X complained to the Council in 2025 about the delay in receiving the requested information.
- We will not investigate this complaint because it is late. Mr X was aware of the matter in 2016. I can see no good reason why he could not have approached us sooner so we will not investigate now.
- The Council in its complaint response to Mr X stated it had sent him a leaflet which explained how the Council spent council tax and referred him to detailed information on the Council’s budget on its website.
- Therefore, even if the complaint was not late we would not investigate, there is not enough evidence of fault to justify an investigation.
- Within his complaint, Mr X asked the Council to dismiss employees or sub-contractors. We cannot tell the Council to dismiss an employee or a contractor and therefore we cannot achieve this outcome for Mr X.
Final decision
- We will not investigate Mr X’s complaint because it is late and there is no good reason to exercise discretion to investigate now.
Investigator's decision on behalf of the Ombudsman