Summary: We will not investigate Mr X’s complaint about the Council’s handling his council tax. While the Council accepted fault, it considered Mr X should have raised the matter earlier. Further investigation would not change the outcome, and we cannot achieve the outcome Mt X seeks. It was reasonable to expect Mr X to appeal the Council’s discretionary reduction decision.

The complaint

1. Mr X complains the Council awarded a single person discount in error for four years. However, despite the Council accepting it was at fault, it pursued recovery of the backdated council tax arrears. He asked the Council to reduce the arrears by 50% or more, but it has refused.

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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 or continue an investigation if we decide:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), 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 the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council regarding the matters in paragraph 1.
7. The Council replied
• Mr X claimed a single person discount on his online change of address form. Mr X did not refer to Mrs X or other adults. The Council set up the account in his name and applied a single person discount
• However, shortly afterwards the Council received further information about Mrs X being a joint tenant. The Council accepted it should have revised the council tax liability or at least questioned the conflicting information.
• The Council reviewed the discount four years later and found it was not correct. It removed the discount and issued a bill for the arrears.
• It apologised for its delay correcting the discount. But it said Mr X had received bills for four years showing a single person discount. If he had contacted the Council about the discount, it would have corrected the error earlier.
• The Council said it could not negotiate a council tax reduction. It advised Mr X to complete a discretionary reduction form. This would have enabled it to consider Mr X’s circumstances. However, Mr X did not fully complete the form.
• The Council refused a discretionary reduction and explained how Mr X could appeal the decision to the Valuation Tribunal.
8. We will not investigate this complaint because while there was fault by the Council, the Council noted it was Mr X’s responsibility to check the bills and query the incorrect discount. Further investigation would not lead to a different outcome and we cannot achieve the outcome Mr X wants.
9. The Council invited Mr X to claim a discretionary reduction, but it decided Mr X did not provide sufficient evidence that should reduce the council tax in accordance with its policy. It is reasonable to expect Mr X to appeal to the Valuation Tribunal if he disagrees with the Council’s decision.

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Final decision

10. We will not investigate Mr X’s complaint because investigation would not lead to a different outcome and we cannot achieve the outcome Mr X wants. Mr X can appeal to Tribunal regarding the Council’s discretionary reduction decision.

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Investigator's decision on behalf of the Ombudsman