The Ombudsman's final decision
Summary: We will not investigate this complaint about the availability of payment dates for council tax. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mr X, complains the Council only offers a range of payment dates for people who pay their council tax by direct debit. Mr X wants the Council to offer more dates for people who do not pay by direct debit.
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 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), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the Council’s response. I also considered our Assessment Code.
My assessment
The Council offers three payment dates for people who pay their council tax by direct debit. People who do not pay by direct debit have one monthly date by which they must make the payment.
Mr X complains the Council does not offer a range of payment dates for people who do not pay by direct debit. He would like the Council to offer more dates.
The Council explained the range of payment options and said they are in line with the legislation. It said it might be able to offer more dates in the future if resources allow.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. It is for the Council to decide what payment dates to offer; the law does not specify when or how it must require payment. It is for the Council to decide how to operate its council tax system and to decide the payment options. Mr X would like the Council to offer more dates but, as there is no requirement for the Council to offer a range of dates, there is no suggestion of fault and nothing for us to investigate. The Council can decide to offer more dates for people who pay by direct debit and not to extend this to other payment methods.
It is for the Council, not us, to decide when to require payment. I appreciate Mr X disagrees with the available dates but we are not an appeal body. We cannot intervene simply because a council makes a decision that someone disagrees with.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman