Summary: We will not investigate Mr X’s complaints about a private rented property in disrepair and also how the Council handled Mr X’s council tax accounts. This is because some elements of the complaint are late and there are no good reasons they could not have been made sooner. Of the remaining issues, it is unlikely we would find fault in the Council’s actions and Mr X could have appealed the Council’s decisions on council tax support, to the Valuation Tribunal.

The complaint

1. Mr X complained the Council did not assist him when he complained to them about a privately rented property in disrepair (property A).
2. Mr X complained that he is not liable for Council tax at property A, because he vacated the property early due to its condition. He said the Council’s enforcement action has caused him stress.
3. Mr X also complained the Council have not provided the council tax deductions he is entitled to at his current property (property B).
4. Mr X wants an apology from the Council and an independent investigation into its conduct.

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The Ombudsman’s role and powers

5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
7. 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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
8. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

9. I considered information provided by the complainant and the Council.
10. I considered the Ombudsman’s Assessment Code.

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My assessment

11. Mr X complained the Council did not assist him when he informed them a property he was privately renting (property A) was in disrepair.
12. The Council visited the property in 2015 due to Mr X’s concerns about the buildings safety. Mr X was aware of the issue in 2015 and therefore this complaint is late, and I see no good reason Mr X could not have complained to us sooner if he was unhappy with the Council’s actions relating to building enforcement.
13. Mr X also complained he is not liable for council tax on the property he vacated due to his concerns for his safety. The documents provided show Mr X had notice of the issue several years ago. Therefore, this element of the complaint is also late, and I do not see a good reason Mr X could not have complained to us sooner if he believed the Council should not have pursued him for liability.
14. Mr X complained the Council did not accept he was entitled to claim single persons discount because it said another person was registered as living at this address. He also complained he did not receive the council tax deductions he was entitled to at his current property (property B).
15. The Council responded to this complaint and explained their reasons why it could not grant him single persons discount, because it did not have all the information it needed. Based on the Council’s response, it is unlikely we would find fault in its actions here.
16. Finally, Mr X was unhappy with the Council’s decision relating to council tax support. We will not investigate any complaint about these decisions. Mr X had an appeal right here because the Valuation Tribunal deals with appeals against decisions on council tax support. I have not seen any evidence it was unreasonable to expect Mr X to use this appeal right.

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Final decision

17. We will not investigate Mr X’s complaint because some elements of the complaint are late. Of the remaining issues, it is unlikely we would find fault in the Council’s actions and Mr X can use his right of appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman