The Ombudsman's final decision
Summary: We will not investigate this complaint about council tax arrears because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mr X, says the Council wants information about his income even though he is exempt from council tax. He also says the Council sent a form to complete with no guidance and no offers of help.
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 and information about the arrears. I also considered our Assessment Code.
My assessment
Mr X’s household has significant council tax arrears. Some of the arrears are subject to an Attachment of Earnings Order and some are with bailiffs. Mr X is exempt from council tax but his wife is liable.
The Council asked Mr X to complete an income/expenditure form. Mr X complained that the Council had not provided any guidance on completing the form. He also said he should not have to provide any information because he is exempt from council tax.
In response, the Council said it had reduced the council tax by 25% in recognition of his exemption. It said it asks everyone in the household to provide information about their income. It explained that the contribution he makes to household costs may allow other people to make a council tax payment. The Council noted the comments he made about the form and said that, while the form is designed to be self-explanatory, it will consider if it needs to make any changes. The Council invited Mr X to contact a support officer if he needs help with the form. The Council told me Mr X has not asked for help.
I will not start an investigation because there is insufficient evidence of fault by the Council. The Council explained why Mr X needs to add his income details to the form and there is nothing in that explanation that requires an investigation. Mr X may disagree with the response but that is not an indication of fault. The Council said it would consider his comments about completing the form and it offered individual help. Again, there is nothing to suggest we need to start an investigation.
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