Summary: The Ombudsman will not investigate this complaint about the Council’s decision not to backdate the complainant’s Council Tax Support for more than two months. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, complains that the Council will only backdate her Council Tax Support (CTS) for two months.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of HMRC. (Local Government Act 1974, sections 25 and 34A, as amended)

Back to top

How I considered this complaint

4. I read the complaint and emails the Council sent to Ms X about her CTS claim. I considered the CTS policy and invited Ms X to comment on a draft of this decision.

Back to top

What I found

CTS policy

5. The policy says the Council can backdate a CTS claim, for people under pensionable age, for a maximum of two months.

What happened

6. Ms X received tax credits during 2018/19. The HMRC decided Ms X should not have received tax credits during this period and it asked her to repay £5787. If Ms X had not received tax credits she may have been entitled to CTS for the year.
7. Ms X applied for CTS. The Council awarded CTS and backdated the claim for two months.
8. Ms X disagrees with the Council’s decision to backdate the claim for two months. She says the tax credit overpayment was caused by a genuine mistake and it is simply a matter of having received help from the “wrong pot”. Ms X wants a higher authority to instruct the Council to pay her more CTS. Ms X also disagrees with the tax credit overpayment.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says the Council can backdate a CTS claim for a maximum of two months. The Council has awarded two months backdating. The Council’s decision reflects the policy so there is no reason to start an investigation. The Ombudsman does not act as an appeal body and cannot tell a council to act contrary to its policy.
10. Ms X disagrees with the tax credit overpayment. The HMRC made the tax credit decision. The HMRC is not part of the Council so I cannot comment on this part of the complaint.

Back to top

Final decision

11. I will not start an investigation because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman