Summary: We will not investigate this complaint about the Council’s failure to take Miss X’s circumstances into account when recovering council tax debt. This is because Miss X had right of appeal regarding her complaint about council tax reduction and her complaint from several years ago concerning council tax is out on time. An investigation would be unlikely to find fault with the remaining aspects of Miss X’s complaint.

The complaint

1. Miss X complained about council tax debt which has been on her account from 2018. She also complained the Council failed to properly calculate her council tax reduction.

Back to top

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. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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)
5. 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
• there is another body better placed to consider this complaint.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

9. Miss X complained the Council failed to take her personal circumstances into account when debt built up on her account from 2018. She said the Council lost a form and her benefits stopped due to this, causing her distress and financial hardship.
10. Miss X said she could not get a house due to the council tax arrears and the council served her with a notice of debt for previous properties. Miss X also complained the Council did not provide her with the correct council tax reduction she is entitled to.
11. The Council explained to Miss X how long the debt had been built up on the account and the ways it had managed the debt. It provided information detailing how it had tried to support her and offered further information about benefits she may be entitled to.
12. The Ombudsman will not usually exercise discretion regarding matters that took place more than 12 months before a complainant became aware of them, unless there are good reasons to do so. It would have been reasonable for Miss X to complain at the time. The complaint regarding the debt Miss X is complaining about from 2018 is therefore out on time.
13. The Ombudsman will not usually investigate matters where the complainant has a right of appeal to another body, and it would be reasonable for the complainant to use it. Miss X’s complaint regarding the Council’s calculation of her council tax reduction carries a right of appeal to the Valuation Tribunal. It would be reasonable for her to use it.
14. The evidence regarding Miss X’s remaining complaint shows that the Council has explained the debt remaining on her account as well as the actions taken to address it. It has discussed various ways she can reduce the debt and has made accommodations for her situation. There is no evidence of fault, therefore an investigation would be unlikely to find fault with the Council’s actions.

Back to top

Final decision

15. We will not investigate Miss X’s complaint because she had right of appeal regarding her complaint about council tax reduction and her complaint from several years ago concerning council tax is out on time. An investigation would be unlikely to find fault with the remaining aspects of Miss X’s complaint.

Back to top

Investigator's decision on behalf of the Ombudsman