The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council processed the complainant’s council tax. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, says the Council did not bill him correctly for council tax and is now chasing him for an unjustified fee. Mr X wants the fee removed.
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 Mr X and the Council. This includes the council tax bills. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.
My assessment
Mr X lived at a property from 24 April to 31 October 2021. On 30 April his landlord told the Council that Mr X had moved in. On 31 May the Council issued a council bill from 24 April. The bill included the 25% single person discount. Mr X paid £432 while living in the property.
After he had left the Council issued another bill showing he still owed £107. This was made up of £720 due from 24 April minus the payments he had made and the 25% discount. Mr X has not paid the £107. The £107 is council tax, not a fee.
The Council told Mr X he has not been in arrears but the £107 is the remaining council tax due for the time he lived in the property.
Mr X says the Council should have told him upfront about the fee and says he should not now have to pay the additional fee.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. Mr X was liable to pay council tax from 24 April to 31 October and this is the period of liability stated on the bill. The Council is not asking Mr X to pay a fee. It has asked him to pay the outstanding council tax for his period of liability. There is nothing to suggest fault by the Council and no reason to start an investigation.
If Mr X does not pay the £107 the Council could take legal action. If the Council takes legal action Mr X will incur costs.
Final decision
We will not start an investigation because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman