Summary: We will not investigate Mr X’s complaint about alleged disability discrimination during the Council’s handling of his council tax complaint. There is insufficient outstanding injustice to warrant an investigation. If Mr X considers the Council has breached the Equality Act, this is better considered by a court.

The complaint

1. Mr X complains the Council discriminated against him during its handling of a complaint about his council tax account. He says this has caused distress. He wants the Council to adhere to its duties under the Equality Act.

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The Ombudsman’s role and powers

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:

• any outstanding injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X complained in March 2025 about a delay amending his council tax account. He asked the Council to ring him to discuss his complaint, as a reasonable adjustment under the Equalities Act 2010.
7. The Council adjusted his council tax account in April 2025.
8. Mr X says the Council did not contact him to discuss the matter before sending its complaint responses and sent him information he could not access. He says this amounts to disability discrimination.
9. In its complaint responses, the Council states it had tried to call Mr X but was unable to make contact. The stage 2 responding officer said they would try to call him after further discussion with the stage 1 responding officer about the lack of a phone call, but Mr X says he never received this call. Both responses provided a phone number and invited Mr X to contact the responding officers, if he had any further queries.
10. We will not investigate this complaint. The Council appears to have attempted to phone Mr X as requested and when it was unable to reach him, provided direct contact details for him to get in touch. This is a reasonable course of action, given that it was unable to contact him. Although I acknowledge the lack of follow up call after the stage 2 response is likely to have caused Mr X some frustration, the Council has resolved the substantive issue of his complaint, which related to his council tax account. There is insufficient outstanding injustice to warrant an investigation.
11. Mr X says the Council failed to meet his reasonable adjustment request and that this amounts to discrimination. We cannot decide if an organisation has breached the Equality Act, this can only be done by the courts. If Mr X considers the Council has breached the Equality Act, it is open to him to seek legal advice and take the matter to court.

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Final decision

12. We will not investigate Mr X’s complaint because there is insufficient outstanding injustice and if Mr X considers the Council has breached the Equality Act, he can take the matter to court.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman