Plymouth City Council (20 011 137)
Category : Benefits and tax > COVID-19
Decision : Closed after initial enquiries
Decision date : 04 Mar 2021
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate Mr X’s complaint about council tax charges during COVID-19. This is because we cannot investigate complaints which affect all or most of the people in a council’s area.
The complaint
- The complainant, whom I shall call Mr X, complains about council tax charges during the COVD-19 pandemic. Mr X says the Council will have made savings during the pandemic and it should therefore charge less council tax.
The Ombudsman’s role and powers
- This complaint involves events that occurred during the COVID-19 pandemic. The Government introduced a range of new and frequently updated rules and guidance during this time. We can consider whether the council followed the relevant legislation, guidance and our published “Good Administrative Practice during the response to COVID-19”.
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
How I considered this complaint
- I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.
What I found
- The issue at the heart of Mr X’s complaint affects all or most of the population in the Council’s area. The exception at paragraph 3 therefore applies and the Ombudsman has no jurisdiction to consider Mr X’s complaint
Final decision
- The Ombudsman cannot investigate Mr X’s complaint. This is because we cannot investigate complaints which affect all or most of the population in a council’s area.
Investigator's decision on behalf of the Ombudsman