The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council charges full council tax despite the complainant being on a low income. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, complains the Council has charged full council tax, for many years, even though he has a low income. Mr X says the Council has bullied and harassed him.
The Ombudsman’s role and powers
The Ombudsman investigates 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))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes information from the Council that Mr X has recently applied for council tax support (CTS). I considered the Ombudsman’s Assessment Code.
My assessment
CTS is a benefit to help people on a low income pay their council tax. People must submit a CTS application and supporting evidence. The Council then assesses the application and awards CTS if the person qualifies. The CTS award reduces the council tax. If the person disagrees with a CTS decision they can appeal to the Valuation Tribunal.
Mr X says he has been on a low income since 2011 but the Council has charged full council tax. He says the Council has used bailiffs to try to intimidate him into paying full council tax.
The Council told Mr X he needs to submit an application for CTS and it cannot determine if he is entitled to a reduction in council tax unless he submits a claim form and supporting evidence. The Council provided this information in 2015, 2016, 2020 and 2022. The Council noted in some letters that Mr X had said he did not wish to provide supporting evidence. The Council invited Mr X to apply for CTS and stressed that without a claim his council tax could not be reduced.
In March 2022 Mr X submitted a claim for CTS. Mr X should hear from the Council in the next few days about the claim.
I will not start an investigation because there is insufficient evidence of fault by the Council. The Council correctly told Mr X that it cannot reduce his council tax unless he makes a successful claim for CTS. Mr X has now submitted a claim which the Council has assessed.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman