Summary: The Ombudsman will not investigate Mr B’s complaint that the Council failed to act on the information he provided and delayed dealing with his council tax dispute. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I shall call Mr B, complained that the Council failed to act on the information he provided and delayed dealing with his council tax dispute. He told us this had caused him anxiety and distress and affected his emotional wellbeing.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered the information Mr B provided and the Council’s responses to his complaint. I have given Mr B an opportunity to comment on my draft decision.

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What I found

4. Mr B has previously made a similar complaint to us which we decided in January 2020. We would not look again at matters we have previously considered and decided. We can, however, consider matters which have arisen since our January 2020 decision.
5. Mr B says his mother has authorised him to deal with the council tax account which is in her name but the Council has continued to refuse to engage with him about it. He made his most recent complaint to the Council in December 2019. The Council has apologised to him for its delay in responding to his complaint at the initial stage of its complaint process. But it said it must once again inform him it could not discuss his mother’s council tax account with him without her express permission. The Council encouraged Mr B to contact his mother to get her written permission for him to discuss her council tax account.
6. In its final response to Mr B’s complaint the Council said it had no record his mother had authorised him to act on her behalf regarding her council tax account. That meant the Council and its enforcement agents could not discuss the account with Mr B or accept his instructions about it. The Council said Mr B had not provided any additional new evidence to demonstrate his mother’s authorisation.
7. There is insufficient evidence of fault by the Council. It cannot discuss his mother’s council tax account with Mr B unless it is satisfied it has her proper authority to do so.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because there is insufficient evidence of fault by the Council.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman