The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint the Council made mistakes dealing with his applications for council tax reduction and the Government’s council tax energy rebate. Investigation will not add to what the Council has said in its complaint replies or lead to a different outcome. There is insufficient injustice to investigate the communications.
The complaint
Mr X complains the Council’s communications show a lack of respect. He says the Council has made mistakes in dealing with his applications for council tax reduction and/or the Government’s council tax energy rebate. Mr X also says the Council’s housing team failed to contact him about ‘cracks’ at his property. Mr X says he is outraged by what has happened.
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 or may decide not to continue with an investigation if we decide: any injustice is not significant enough to justify our involvement, or we could not add to any previous investigation by the organisation, or investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6)) The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council. The information includes Mr X’s complaints to the Council and its replies dated 29 June and 5 September 2022. I have considered information on the Gov.Uk and Council website about the council tax energy rebate.
My assessment
I will not investigate this complaint for the following reasons: Investigation will not add to the Council’s complaint replies or lead to a different outcome. The Council’s complaint replies have acknowledged some difficulties in communication and explained the council tax position.
There is insufficient injustice to Mr X in how the Council has communicated with him.
The Council says it was reviewing Mr X’s claim for Council tax reduction and would write and give him a new decision. A complaint about refusal of a council tax reduction would be outside the Ombudsman’s jurisdiction because Mr X would have a right of appeal to a tribunal (see paragraphs 3 and 4 above). The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. It would be reasonable for Mr X to use his right of appeal because the Valuation Tribunal has the power to change the Council’s decision.
There is insufficient evidence of fault or injustice in the Council’s reply on the council tax energy rebate: The Council says Mr X is not eligible for the mandatory help because he was not resident in its area on 1 April. It has advised Mr X to contact his previous council.
The Council says it will inform Mr X when it has in place a scheme for the discretionary energy rebate which is a much smaller pot of money. Mr X can then apply for assistance. The Council says it must pay the discretionary council tax energy rebates by 30 November.
The actions of the housing advice team which relate to repair or other tenancy issues are outside the Ombudsman’s jurisdiction. The Housing Ombudsman deals with such complaints.
Final decision
The Ombudsman will not investigate Mr X’s complaint the Council made mistakes dealing with his applications for council tax reduction and the Government’s council tax energy rebate. Investigation will not add to what the Council has said in its complaint replies or lead to a different outcome. There is insufficient injustice to investigate the communications.
Investigator's decision on behalf of the Ombudsman