The Ombudsman's final decision
Summary: We will not investigate this complaint about a council tax and rent refund. This is because there is insufficient evidence of fault by the Council and because we have no power to investigate complaints about rent accounts.
The complaint
The complainant, whom I refer to as Mr X, complains he has not received a council tax and rent refund. The complaint relates to a property Mr X left in March 2021.
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)) We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
How I considered this complaint
I considered information provided by Mr X and the Council. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.
My assessment
Mr X left a Council property in March 2021. He says the Council has not made a rent or council tax refund.
The Council says it has paid the rent refund of £161. The Council also says Mr X is not due a council tax refund. The closing council tax account showed Mr X owed council tax of £18 but the Council is not pursuing it. I have seen a screenshot which shows Mr X had a council tax debit of £18 and is not owed a refund.
I cannot investigate the complaint about the rent refund. This is because the rent account was managed by the Council acting as Mr X’s landlord. The law says we have no power to investigate a council when it is acting as a landlord.
I will not investigate the complaint about the council tax because there is insufficient evidence of fault by the Council. This is because there is no evidence Mr X is owed a council tax refund.
Final decision
I will not start an investigation because I cannot investigate a council when it is acting as a landlord and because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman