Summary: We will not investigate this complaint about the Council’s alleged failure to refund an overpayment of council tax support. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mrs X complains on behalf of Mr X that the Council failed to refund an overpayment of council tax support Mr X was made to return.

Back to top

The Ombudsman’s role and powers

2. 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:

• there is not enough evidence of fault to justify investigating
  (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

Back to top

How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. In August 2021, the Council cancelled Mr X’s council tax support and asked him to repay the council tax support he received that year because he was moving abroad.
7. Mr X’s partner Mrs X successfully appealed this decision on his behalf at the Valuation Tribunal in November 2022. The Tribunal decided Mr X’s council tax support should be reinstated and advised that the Council should refund any overpayments Mr X had made.
8. Mrs X complained to the Council in May 2023, saying the Council should refund the council tax support it had previously recouped from Mr X. The Council said it did not receive notice of the Tribunal’s ruling until Mrs X contacted it in May and Mr X failed to provide information regarding his proof of income for the periods he was not in receipt of council tax support. The Council provided the refund due to Mr X and confirmed he was not due any further payments shortly after receiving this information.
9. Mrs X has brought the complaint to the Ombudsman. The evidence shows the Council was not made aware of the Tribunal’s ruling at the time nor was the information it required about Mr X’s income supplied initially upon the Council’s request. Once the Council received this information, it refunded Mr X the payment he was due. There is no evidence of fault in the way the Council has managed this matter.

Back to top

Final decision

10. We will not investigate Mrs X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

Back to top

Investigator's decision on behalf of the Ombudsman