The Ombudsman's final decision
Summary: We will not investigate this complaint about alleged failings by the Council with respect to council tax billing. This is because there is insufficient evidence of fault and the complainant suffering a significant enough injustice to warrant an investigation.
The complaint
The complainant (Mrs K) complains about the Council sending her numerous council tax bills for incorrect amounts. She says an overpayment of £50 was taken by the Council which she reversed by cancelling her direct debit. Mrs K explains the Council has since added £5 to her monthly council tax payment which totals the same amount as the overpayment which she does not consider is owed. She is dissatisfied the Council has not addressed the issues.
In summary, Mrs K says she had to spend a lot of communicating with the Council to resolve the issues which has caused her stress, frustration and uncertainty regarding her finances. As a desired outcome, Mrs K wants a review of her council tax billing to ensure she is paying the correct amount. She also wants a more sincere apology from the Council and a compensatory payment to acknowledge the impact on her.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the per-son making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating, or any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
How I considered this complaint
I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
I have reviewed the transaction history for Mrs K’s council tax account and found the payments made by her reconcile with the outstanding balance and monthly amount being billed by the Council. There is insufficient evidence of fault in respect of this matter. I recognise Mrs K also complains the Council took an overpayment from her and has to spend time contacting the relevant service about this. However, the Ombudsman is only required to accept a complaint where the complainant has been caused a significant and personal injustice because of fault by the Council. In short, this means Mrs K needs to show she has suffered serious loss, harm or distress due to this issue. While I recognise what Mr X says and that the alleged fault has caused her inconvenience, the overpayment issue was promptly resolved. I do not consider this to be a matter which has caused a significant enough injustice to warrant our involvement.
Final decision
We will not investigate this complaint. This is because there is insufficient evidence of fault and the complainant suffering a significant enough injustice to warrant an investigation.
Investigator's decision on behalf of the Ombudsman