Summary: We will not investigate this complaint about the Council’s handling of Miss Y’s Council Tax account. This is because there is not enough evidence of fault to warrant our involvement.

The complaint

1. Miss Y complained about the Council’s handling of her Council Tax account. She said the Council did not properly consider her financial circumstances as an apprentice.
2. Miss Y also complained the Council took enforcement action against her, which incurred additional fees.
3. Miss Y said the Council’s actions caused her distress and financial hardship. She wants to Council to remove administrative fees from her account, and to agree an affordable payment plan.

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The Ombudsman’s role and powers

4. 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
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. 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).
6. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. If Ms Y believes she is not liable, it would be reasonable for her to appeal.

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How I considered this complaint

7. I considered information provided by Miss Y and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Miss Y applied for a discount on her Council Tax bill, because she is employed as an apprentice. The Council explained that she was not eligible for a discount, because her income exceeds the threshold to be considered for a discount in line with the Council Tax (Discount Disregards) Regulations (1992).
10. The Council considered Miss Y’s application and clearly explained why she is not eligible. There is insufficient evidence of fault in the Council’s actions to warrant an investigation by the Ombudsman.
11. The Council referred Miss Y’s council tax account to enforcement agents but said it would place 14-day hold on her account to allow her to send additional information. However, the Council did not inform the enforcement agents about the hold.
12. We will not investigate this complaint. The Council apologised to Miss Y and removed the enforcement agent fees from her account. It invited Miss Y to contact it to agree a payment plan. Further investigation by the Ombudsman would not lead to a different outcome.
13. If Miss Y disagrees with the Council’s decision regarding eligibility for a Council Tax discount or her liability for Council Tax, she has the right to appeal to the Valuation Tribunal.

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Final decision

14. We will not investigate Miss Y’s complaint because there is not enough evidence of fault to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman