Summary: We will not investigate Ms X’s complaint about Council Tax support. It is reasonable to expect her to appeal to the Valuation Tribunal. Previous years form a late complaint and there is no reason why the late complaint rule should not apply.

The complaint

1. Ms X says the Council failed to provide her with Council Tax support since 2016 and in 2024 has provided unclear bills.

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The Ombudsman’s role and powers

2. 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)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. 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)
5. 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

6. I considered information provided by Ms X which included the Council’s replies to her.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X says she asked the Council in 2016 for support paying for her Council Tax. She says the Council denied Council Tax support. She says she heard no more from the Council about support.
9. Ms X says in April 2024 she asked for support again. Her income had changed and she was on statutory sick pay only. By July she had left her employment. She then began receiving PiP. She says she sent over 20 emails to the Council. In September, the Council says it started to pay some Council Tax support. In November Ms X received multiple bills with varying amounts owed. She complained and asked for a review.
10. The Council wrote to Ms X in December setting out how it had calculated her support. It said the letter set out its formal review of her application. It explained if Ms X remained dissatisfied she could appeal to the Valuation Tribunal.

Analysis

11. We will not investigate whether Ms X has received the right Council Tax support for 2024/25. She has a right of appeal to the Valuation Tribunal and it is reasonable to expect her to use that right.
12. Ms X says she has been affected by communications from the Council on how much support she should received in 2024/25. There is not sufficient injustice to justify an investigation.
13. The ability to apply for Council Tax support is clearly set out on the Council’s website. We are unlikely to find fault in the Council not contacting Ms X to sort out Council Tax support for 2023/24. The previous years are now more than 12 months ago and there are no good reasons why the late complaint rule should not apply.

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Final decision

14. We will not investigate Ms X’s complaint because it is reasonable to expect her to appeal to the Valuation Tribunal. There is not enough injustice in the Council’s communication with Ms X in the last year to justify an investigation. The previous years are now too old and there are no good reasons why the late complaint rule will not apply.

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Investigator's decision on behalf of the Ombudsman