Summary: We will not investigate Ms X’s complaint about the Council’s advice and handling of a council tax reduction. If Ms X disagrees with the Council’s decision not to award a council tax reduction, she can appeal to the Valuation Tribunal.

The complaint

1. Ms X complained the Council wrongly advised her she was entitled to a council tax reduction. She said it later realised its mistake and then asked her to repay the outstanding arrears. She said this has caused her financial hardship.
2. Ms X also complained about the way the Council handled her complaint and request for information.

Back to top

The Ombudsman’s role and powers

3. 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
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, or
• there is another body better placed to consider this complaint.

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

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Ms X previously received a council tax reduction. In June 2024, the Council said it became aware Ms X was not the only person living in her home. It asked her to send it further information so it could correctly advise if she was still entitled to a council tax reduction.
9. The Council said it did not receive the information it asked Ms X for. Therefore, in September 2024, the Council sent Ms X a revised bill, outlining the arrears it said Ms X was now due to pay.
10. Ms X said she had provided all the information necessary and because she had been given incorrect advice by the Council she budgeted accordingly and could not afford to pay the arrears.
11. We will not investigate Ms X’s complaint the Council did not consider her evidence and miscalculated how much council tax she should pay. If Ms X does not think the Council has awarded the correct amount of council tax reduction, it is reasonable for her to appeal to the Valuation Tribunal. This is because the Valuation Tribunal is the correct organisation to consider appeals about council tax liability and it can decide the correct amount of council tax Ms X should pay.
12. Nor will we investigate Ms X’s complaint the Council took too long to recalculate her bill. The Council said it became aware of a change in circumstances in June 2024 and made contact about this also in June 2024. We are therefore unlikely to find there was any unnecessary delay and find fault by the Council here.
13. We will not investigate Ms X’s complaint about how the Council considered her complaint, because it is not a good use of resources to investigate complaint handling when we are not looking at the substantive issue.
14. Finally, we will not investigate Ms X’s complaint the Council deleted recordings of phone calls where she said it wrongly advised her about council tax reductions. The Council told Ms X it deleted the phone calls in line with its data retention policy. The Information Commissioner’s Office (ICO) is the UK’s independent regulator for complaints about information rights and data protection. If Ms X considers the Council has breached data protection rules, the ICO is better placed to consider a complaint about this.

Back to top

Final decision

15. We will not investigate Ms X’s complaint because it is reasonable for her to appeal to the Valuation Tribunal. Further investigation by us into the Council’s handling of her account is unlikely to find fault and the ICO is better placed to consider her complaint about data retention and access to information.

Back to top

Investigator's decision on behalf of the Ombudsman