Summary: We will not investigate this complaint that the Council gave Ms X misleading advice about her son’s eligibility for council tax support. This is because there is not enough evidence of fault by the Council or to show its advice caused Ms X significant injustice.

The complaint

1. Ms X complains the Council gave her misleading information about her son’s eligibility for council tax support, leading to additional charges she believes it should now waive.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X’s son moved in with her when he lost his job in 2025. Ms X previously claimed single person discount but when her son moved in, she could no longer claim it.
6. Ms X’s complaint relates to the advice she received from the Council about her son’s eligibility for council tax support which she hoped would reduce the amount of her council tax bills and cover the loss of her single person discount. We cannot however make a finding of fault on the basis of an in-person discussion at which were not present and cannot be sure, on the balance of probabilities, was wrong.
7. Ms X’s statements make clear she was told her son may be eligible for council tax support if he was liable for council tax. This advice is technically correct. However, when her son applied for council tax support and was asked for evidence of his legal interest in the property he could not provide this as he is not a co-owner. He is not therefore directly liable for council tax or eligible for council tax support.
8. I am unable to say, on the evidence available, that Ms X made clear her son had no legal interest in the property or, therefore, that he would not be liable for council tax or eligible for council tax support. I cannot therefore say the Council’s advice amounted to fault.
9. In any event, I have seen nothing which persuades me that had the Council advised Ms X her son was not eligible for council tax support, she would have asked him to leave and could then have re-claimed the single person discount. I cannot therefore say the issue caused Ms X significant injustice, as the Council has billed Ms X only for the amounts she would always have had to pay.
10. The Council is under a legal obligation to collect council tax and we could not say it must waive the additional amount it has charged as a result of the amendments to Ms X’s account simply because she does not think she should have to pay.

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Final decision

11. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council or to show its actions caused Ms X significant injustice.

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Investigator's decision on behalf of the Ombudsman