Summary: The Ombudsman will not investigate Ms X’s complaint that the Council failed to handle her housing benefit and council tax accounts properly from 2016. Much of the complaint is outside the Ombudsman’s jurisdiction. The Council has reviewed the council tax position and agreed to refund to Ms X the costs of a court summons as a gesture of goodwill.

The complaint

1. Ms X complains the Council failed to handle her housing benefit account properly from 2016. She says in 2018 it delayed sending her appeal, against its decision that there was an overpayment of benefit, to the Tribunal. Ms X says the Council should pay compensation for time and trouble, stress and anxiety.
2. Ms X complains the Council was not efficient in handling her council tax account from 2016. She doubts whether the Council has billed her for the correct tax. She says the account was on hold pending the outcome of the housing benefit appeal. In 2019 the Council issued a summons to court for the debt forcing her to pay. Ms X says the Council refunded part of the council tax but not the court costs.

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The Ombudsman’s role and powers

3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
5. 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)

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How I considered this complaint

6. I have considered Ms X’s information and comments. The Council has supplied information and a comment. The information includes the complaints correspondence and some council tax documents. I sent Ms X a draft decision statement on her complaint and have not received a response.

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What I found

7. In 2016 there was a change in Ms X’s self-employed income which affected her entitlement to housing and council tax benefit. In 2017 Ms X challenged the Council’s decision that there was a recoverable overpayment of housing benefit. She asked the Council to review the decision and arrange an appeal to the Social Security Tribunal. The Council says it had a valid request for an appeal to the Tribunal by January 2018 but delayed until 25 June 2018 in sending it.
8. The Council says in February 2018 it gave Ms X an exceptional hardship relief payment of £267.14 towards her council tax. Later that year, the Council placed a hold on action to recover a council tax debt pending the outcome of the housing benefit appeal. Ms X did not appeal to the Valuation Tribunal about her council tax support. The Council’s correspondence to her explains her right to do so. For example, the notification of 17 August 2016.
9. In November 2018 the First Tier Tribunal (Social Security) decided that the overpayment of housing benefit was not recoverable. The Council says it asked for a statement of reasons which it received in May 2019. Ms X says at that time the Council sent her £240.
10. In July 2019 the Council demanded payment of the council tax debt of £468.40 for the year 2016-2017. It’s email of 23 July notes that Ms X had informed it that she was appealing to the Valuation Tribunal (out of time). On 16 September 2019, the Council issued Ms X with a summons to court for the debt plus £57.50 costs. Ms X paid the debt to avoid court. She complained to the Council (at stage 2 of its procedure).
11. On 12 November 2019 the Council sent Ms X its final complaint reply. It says the Council had ‘not dealt with your case as efficiently as we should have’ and apologises. The Council says: ‘In light of the Tribunal decision about the housing benefit overpayment in November 2018 we should have also reviewed your council tax reduction overpayment.’ The Council decided to refund Ms X £241.12 of the council tax debt to bring it in line with the Tribunal decision on the housing benefit for the same period.
12. I have raised with the Council the appropriateness of issuing the council tax summons when Ms X had said she was going to appeal to the Valuation Tribunal and when it had not reviewed the position following the Social Security Tribunal housing benefit decision. The Council believes it was entitled to issue the summons but has agreed, as a gesture of goodwill, to cancel the costs. The Council says, following the Ombudsman publishing best practice advice, it is reviewing the impact of housing benefit appeal outcomes on council tax reduction decisions.

Analysis

13. I will not investigate this complaint for the following reasons:
1. The housing benefit complaint is outside the Ombudsman’s jurisdiction because Ms X used her right of appeal to the Social Security Tribunal (see paragraph 4 above). We cannot investigate.
2. A dispute about council tax entitlement is outside our jurisdiction because Ms X had a right of appeal to the Valuation Tribunal. It was reasonable for Ms X to use her remedy if she disputed liability.
3. Events before 2019 are outside the Ombudsman’s jurisdiction on the 12 month rule (see paragraph 5). Ms X complains late, her complaint having been received at the start of 2020. I will not exercise discretion to investigate the handling of the council tax and housing benefit accounts, 2016-18, because Ms X could have complained sooner. The substantive issues are also outside jurisdiction as explained above.
4. I will not consider further Ms X’s council tax debt, actions in 2019. I understand the council tax account is up to date. I am satisfied the Council has reviewed the position (see paragraphs 11 and 12). It has exercised its discretion in Ms X’s favour by refunding/cancelling council tax owed and it has agreed, as a gesture of goodwill, to refund the summons costs of £57.50. The Council is also reviewing its council tax practice in this area.

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Final decision

14. The Ombudsman will not investigate Ms X’s complaint that the Council failed to handle her housing benefit and council tax accounts properly from 2016. Much of the complaint is outside the Ombudsman’s jurisdiction. The Council has reviewed the council tax position and agreed to refund to Ms X the costs of a court summons, as a gesture of goodwill.

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Investigator's decision on behalf of the Ombudsman