London Borough of Wandsworth (25 028 383)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 17 Aug 2026

The Ombudsman's final decision:

Summary: We will not investigate this complaint about Miss X overpaying on council tax. This is because the complaint is late and there are no good reasons for this. In any event, there is nothing further we could achieve.

The complaint

  1. Miss X complains she has overpaid on council tax as she should have been exempt due to disability. She says this has caused her significant stress. Miss X wants the Council to backdate payments to 2020.

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The Ombudsman’s role and powers

  1. 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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)
  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, (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Miss X told the Council about a change in her income in 2020. The Council wrote to her and explained she would need to complete an application form if she wanted to claim council tax reduction. Miss X did not make a claim until December 2023. The Council accepted the claim and backdated it to September 2023.
  2. Miss X sought advice in 2023. Her advisor complained to the Council on her behalf and said the Council had deterred Miss X from applying for council tax reduction in 2020. The advisor also said Miss X was vulnerable and could not challenge the Council about this at the time.
  3. The Council issued its final response in November 2024. It partially upheld the complaint and said more support should have been offered to Miss X at the time in making the application. It apologised and offered a payment of £500.
  4. Miss X complained to us in February 2026. This was more than 12 months after she became aware of the matter she complains about. I understand why Miss X says she could not challenge the Council in 2020. However, I consider it would have been reasonable for her to complain to us after the Council issued its final response in November 2024. The complaint is therefore late. I have not seen a good reason to exercise discretion to investigate it now. In any event, if we did decide to consider the complaint as not late, we would likely decide not to investigate for other reasons. This is because there is nothing further we could achieve. The Council has provided an appropriate remedy.

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Final decision

  1. We will not investigate Miss X’s complaint because it is late and there are no good reasons for this. But in any event, if we did investigate, we could not achieve anything further.

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Investigator's decision on behalf of the Ombudsman

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