LGO (Local Government & Social Care Ombudsman) Other

Wirral Metropolitan Borough Council

22-008-205 · Benefits And Tax › Council Tax · Decision date: 03 November 2022 · View Wirral Council scorecard

Full Decision

The Ombudsman's final decision

Summary: We will not investigate this complaint about the Council’s decision to increase Mr X’s council tax payments and to decline an application for free school meals. This is because there is insufficient evidence of fault to justify an investigation.

The complaint

Mr X complains about the Council’s decision to increase his council tax payments. He also complains the Council has declined his application for free school meals for his youngest child.

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 the complainant and the Council.

I considered the Ombudsman’s Assessment Code.

My assessment

Non statutory guidance notes the responsibility for checking the eligibility of applicants for free school meals rests with the individual school. The Council’s website directs parents to contact their child’s school if they think their child might be eligible for free school meals. The Council has also advised Mr X to contact the school regarding the declined application for free school meals.

Therefore, an investigation is not justified as we are unlikely to find fault as the Council has provided appropriate advice to Mr X regarding how he can pursue his application for free school meals.

The Council has explained to Mr X his council tax payments have increased because it has reduced his council tax support. The Council explained the reduction in his council tax support is due to changes in Mr X’s Universal Credit. This information was provided to the Council by the Department of Work and Pensions (DWP). The Council has appropriately signposted Mr X to contact DWP if he disagrees with the information provided to the Council.

Final decision

We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.

Investigator's decision on behalf of the Ombudsman