Summary: We will not investigate this complaint about the Council’s failure to respond to Mr X’s application for discretionary council tax relief. This is because it relates to events that took place more than 12 months ago; it would have been reasonable for Mr X to bring this complaint to us sooner. In addition, as this complaint relates to a council tax exemption, this is a matter for the Valuation Tribunal.

The complaint

1. Mr X complained the Council failed to respond to his application for discretionary council tax relief and has continued to pursue him for outstanding council tax he cannot pay.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained to the Council in May 2024 regarding the Council’s failure to respond to his September 2023 application for discretionary council tax relief. He said he was an unpaid carer for his child and unable to pay the arrears on his council tax account. He also said he had been chasing the Council for a response for several months.
8. The Council told Mr X it would need to carry out a home visit to determine whether he qualified for council tax relief.
9. Mr X is unhappy with the situation and wants us to find the Council at fault for failing to respond to his application. The Ombudsman will not usually exercise discretion to investigate matters that took place this long ago unless there are good reason to do so. Mr X has been aware of this issue for several years; it would have been reasonable for him to bring this complaint to us sooner.
10. In addition, the Ombudsman will not investigate complaints regarding matters that are better suited for another public body. As this complaint relates to council tax exemption, it is open to Mr X to pursue this matter with the Valuation Tribunal, which is the body that oversees council liability and exemptions.

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Final decision

11. We will not investigate Mr X’s complaint because it relates to events that took place more than 12 months ago; it would have been reasonable for Mr X to bring this complaint to us sooner. In addition, as this complaint relates to a council tax exemption, this is a matter for the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman