The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to pay compensation for the way it handled a council tax account. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mr X, wants the Council to pay compensation because it has been incompetent in the way it managed a council tax account.
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 complaint correspondence. I also considered our Assessment Code.
My assessment
Mr X transferred a property to a third party about ten years ago and then took the property back into his ownership.
The Council made Mr X liable for the council tax from December 2021 until February 2022. But it later changed the liability to the third party. The Council cancelled the summons and costs relating to Mr X.
The third party challenged the liability and the Council reverted the liability to Mr X based on that challenge. But later, and based on new information, it made the third party liable.
According to the latest complaint response, the third party is liable but engaged in a dispute with the Council over liability. The Council said the liability could again be changed depending on the latest information from the third party. The Council said Mr X could appeal to the Valuation Tribunal if he disagreed with any decision to make him liable.
The Council declined to pay compensation. It agreed there have been changes to the liability but said this was due to new information being provided by both parties which it had to assess.
I will not start an investigation because there is insufficient evidence of fault by the Council. The Council had to assess liability following each challenge and had to change the liability if this was indicated by the new information. There was no failure to act so no suggestion of fault in the Council’s decision not to pay compensation.
We are not an appeal body and we cannot intervene, or ask for compensation, simply because a council makes a decision that someone disagrees with. In this case there is nothing to suggest the Council managed the account incorrectly so there is no reason to start an investigation or ask for compensation.
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