Royal Borough of Kensington & Chelsea (23 017 503)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 11 Mar 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about discretionary council tax relief because the matter has been resolved.

The complaint

  1. The complainant, whom I refer to as Ms X, complains about the Council’s decision not to award council tax reduction (CTR) or discretionary relief for a period when she was liable to pay council tax but had not moved into the property.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

  1. I considered information provided by Ms X and the Council. This includes emails and an update from the Council. I also considered our Assessment Code.

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My assessment

  1. The Council asked Ms X to pay council tax for a period when she was liable for council tax but had not moved in.
  2. Ms X applied for CTR. The Council refused the claim and was in the process of telling her how she could appeal to the Valuation Tribunal.
  3. Ms X applied for discretionary council tax relief. The Council made an award which has reduced the council tax charge for 2023/24 to zero. Ms X does not need to appeal against the CTR decision because she no longer owes any council tax.

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Final decision

  1. We will not investigate this complaint because the issue has been resolved. This is because the Council has awarded discretionary council tax relief.

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Investigator's decision on behalf of the Ombudsman

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