Swindon Borough Council

The Ombudsman's final decision

Summary: We will not investigate Mr X’s complaint about the Council not refunding him council tax he overpaid. This is because the Council has now credited his account with the amount he overpaid. Further investigation by us would therefore not lead to a different outcome.

The complaint

Mr X complains the Council did not refund him council tax that he overpaid.

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 or continue an investigation if we decide: any injustice is not significant enough to justify our involvement, or further investigation would not lead to a different outcome, or (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

How I considered this complaint

I considered information provided by Mr X.

I considered the Ombudsman’s Assessment Code.

My assessment

Since Mr X complained to us, the Council has credited his account with the council tax he overpaid. It has also apologised to him for the delay in resolving the matter.

I acknowledge there was some delay in resolving Mr X’s complaint. However, I do not consider the delay caused him significant enough injustice to justify an investigation by us.

The Council has now credited the overpaid council tax and apologised for the delay. I consider this to be an appropriate and proportionate response to the injustice caused. Further investigation by us would not lead to a different outcome.

Final decision

We will not investigate Mr X’s complaint because further investigation by us would not lead to a different outcome.

Investigator's decision on behalf of the Ombudsman