Bristol City Council (25 006 417)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s delay in awarding a council tax reduction. This is because the Council has taken satisfactory action.
The complaint
- Ms Y complains on behalf of Ms X that the Council did not pay council tax reduction (CTR) to Ms X. As a result, she was left with significant debts and was unable to apply for a debt relief order. As this was at a very difficult time for Ms X she suffered significant distress and anxiety. Ms Y has asked the Council to pay financial compensation of £2000.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by the complainant’s representative and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
- Ms X moved home following a bereavement. The Council paid housing benefit. But it did not pay a CTR. Council tax arrears built up over five years to £5000. In late 2023 the Council passed the account to an enforcement agent.
- In February 2024 Ms Y, a money advice caseworker, contacted the Council on Ms X’s behalf. The Council accepted it had missed an opportunity to pay a CTR. It backdated the CTR to the date Ms X moved. The arrears reduced to £300.
- Ms Y complained the Council was still threatening recovery action for the remaining council tax. She said Ms X’s mental health was seriously affected due to the Council actions. Ms Y said the Council should stop recovery action and should pay Ms X compensation of £2000. She stated if the Council had paid the CTR earlier Ms X could have applied to have the remaining arrears added to a Debt Relief Order. This is a legal process which allows individuals to have their debts written off.
- The Council replied to Ms Y’s complaints. It said that
- It apologised for its error, and it had written off the arrears of £300.
- It had made service improvements to prevent the fault occurring again.
- It had not found evidence Ms X made any significant efforts to raise the matter.
- It had not started recovery action until September 2023, and had put the account on hold in February 2024.
- It did not agree it should provide financial compensation.
- The Council’s actions to address Ms X’s complaints are in line with what we would expect it to do. An investigation would therefore be unlikely to lead to a different outcome.
Final decision
- We will not investigate Ms X’s complaint because the Council has taken appropriate action to address the complaint.
Investigator's decision on behalf of the Ombudsman