The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaints about the Council’s refusals to: discount her council tax, provide a Disabled Facilities Grant (DFG), and reimburse fines paid. This is because the first complaint has already been responded to by the Ombudsman and the remaining complaints are late.
The complaint
Ms X, complains about three issues: the Council’s rejection of zero rate exemption for council tax, fly tipping fines and, the Council not helping with repairs or awarding a Disabled Facilities Grant (DFG).
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) 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 Ms X and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
We considered Ms X’s council tax complaint in 2021 and we cannot consider the same issues again. I will not investigate this part of the complaint.
I will not start an investigation about the other matters because these are late complaints. Ms X has been aware of the issues surrounding the assessment for a DFG since 2022. And, the fly-tipping fines were issued more than six years ago but she did not complain to us until January 2025. I have not seen any good reason to exercise discretion to investigate, especially as Ms X has made other complaints to us since 2016.
The Council has agreed to contact Ms X to reconsider her application for a DFG to establish whether her circumstances have changed.
If Ms X thinks there is fault with current council tax issues, she can raise a new complaint to the Council.
Final decision
We will not investigate this complaint. This is because one of the issues Ms X complains of has previously been considered and because the remaining issues are late.
Investigator's decision on behalf of the Ombudsman