The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about Miss X’s request for council tax to be backdated from 2019 to 2020. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.
The complaint
Miss X complained about not being advised to claim council tax support for the period from when her tenancy started in March 2019 until August 2020. She says the Council should allow her to have her claim backdated for this period.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says she asked the Council to apply discount to her council tax after she moved into her home in March 2019. The Council applied single person discount to her account but she says it should have also applied council tax support because she believed she was eligible.
Since 2013 the council tax benefit scheme was replaced by locally determined council tax reduction schemes (also known as council tax support). Funds were devolved to councils. These schemes are a way of reducing a council tax bill for those on a low income. Eligibility for the schemes is means tested. The onus is on applicants to apply for support and the claim is then determined on their financial means.
The Council says it issued a letter advising Miss X of this in 2019 but she did not apply. The Council also has details of the scheme on its benefits website and this includes a facility to check eligibility and to apply. In February 2021 the Council responded to a complaint by Miss X that she had not had the claim she made backdated to the start of her tenancy. The Council advised her that it could only by law backdate a claim one month and that she did not apply during the period she is claiming.
We will not exercise discretion to consider this complaint which was submitted after the 12-month period for receiving new complaints. Miss X was aware she did not receive the support in 2019 and she received a rejection of her request to have it backdated in early 2021. There is no evidence to suggest that Miss X could not have complained to us sooner
Final decision
We will not exercise discretion to investigate this complaint about Miss X’s request for council tax to be backdated from 2019 to 2020. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman