Summary: We will not investigate this complaint about eligibility for a council tax exemption because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, says the Council has not followed the law regarding council tax exemptions. She says it has not responded and her council tax increased with no explanation. Ms X also says the Council failed to apply Reasonable Adjustments.

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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 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

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Ms X says she had to leave her home due to life changing injuries and a period of racial collusion and conspiracy. She served a notice on the Council saying it must suspend her council tax for six months and provide a refund for the council tax she had paid since leaving.
5. The Council responded by saying there were no exemptions. It asked for Ms X’s temporary address and increased her council tax. The Council told Ms X this was because she was no longer entitled to the single person discount because she was not living in the property.
6. Ms X declined to give her new address but said she was entitled to an exemption because she had moved so she could receive care.
7. Following some email exchanges, and involvement of the MP, the Council said there were two exemptions which could possibly apply but said it did not have enough information to assess eligibility. It asked Ms X to provide some information including the new address, whether the move is permanent, and details about the level of care and who provides it. The Council told me Ms X has not provided this information so the Council remains unable to assess eligibility for an exemption. The Council told me Ms X did not ask for any Reasonable Adjustments. The current position is that Ms X remains liable for the council tax.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. I have considered the correspondence between Ms X and the Council and agree Ms X has not provided enough information so the Council can assess if she is eligible for an exemption. As such, as there is no reason for us to start an investigation. It is not our role to decide if Ms X is eligible and we have no power to ask the Council to award an exemption, not least because there is not enough information to make a decision regarding eligibility. I have not seen anything to suggest we need to start an investigation.
9. The Council will assess if Ms X is eligible for an exemption if she provides the information the Council needs to make that assessment.

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Final decision

10. We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman