Summary: We will not investigate this complaint about a discretionary council tax reduction claim. This is because at our invitation, the Council agreed to remedy the potential injustice.

The complaint

1. Mr X says the Council unfairly refused his claim for a discretionary council tax reduction (section 13A). He says the Council has failed to take account of his mental health conditions, financial hardship and his inability to pay council tax.
2. The Council said it refused Mr X’s discretionary council tax reduction claim in because based on his income it considered he could afford his council tax payments.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended).

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How I considered this complaint

4. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. If we were to investigate this complaint it is likely we would find fault causing Mr X injustice. This is because the Council did not give Mr X details of his right to appeal to the Valuation Tribunal when it refused his claim.
6. The Council confirms it has received a request from Mr X to review its decision which it is considering.

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Agreed action

7. The Council has agreed to resolve the complaint by writing to Mr X to explain the reasons for its decision on his review request. If it upholds its decision to refuse his claim it will provide details about how he can appeal to the Valuation Tribunal.
8. The Council will complete the agreed remedy within one month of the date of this decision statement.

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Final decision

9. We will not investigate Mr X’s complaint because the Council has agreed to take suitable action to remedy the potential injustice.

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Investigator's decision on behalf of the Ombudsman