Wiltshire Council (20 007 656)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 04 Jan 2021
The Ombudsman's final decision:
Summary: Mr X complained about the Council’s decision to charge council tax for an annexe at his home. We will not investigate this complaint. The Council has accepted his payment for the council tax and has withdrawn a summons which it issued. There is insufficient remaining injustice which would warrant an investigation.
The complaint
- Mr X complained that the Council had charged him for an annexe at his property when he was aware that it had not made a similar charge for such structures at his friend’s property.
The Ombudsman’s role and powers
- 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
- the injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response. Mr X has been sent a copy of my decision.
What I found
- Mr X says he received bills for an annexe at his home following an assessment to fit by valuation staff. He says his friend has a similar annexe and he has not received an additional bill for it. He wrote to the Council several times asking for it to refund the council tax which he has paid over the past two years.
- The Council issued a summons to Mr X when he failed to comply with the monthly instalment payments for the annexe. The Council telephoned Mr X and explained to him the rules on council tax charging for annexes. Following this Mr X made a payment for the arrears and the Council withdrew the summons.
- There is insufficient remaining injustice to Mr X which would warrant an investigation by the Ombudsman.
Final decision
- We will not investigate this complaint. The Council has accepted his payment for the council tax and has withdrawn a summons which it issued. There is insufficient remaining injustice which would warrant an investigation.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman