Summary: We will not investigate this complaint about delay in resolving an issue about the complainant’s liability for council tax. Any fault by the Council has not caused the complainant significant injustice.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council wrongly billed him for council tax and delayed resolving the situation.

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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’.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:

• it is unlikely we would find fault;
• the fault has not caused injustice to the person who complained; or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I have considered what Mr B said in his complaint. The Council also provided background information including its response to Mr B’s concerns. Mr B commented on a draft before I made this decision.

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What I found

5. Mr B owns a property rental company. He says the Council sent him a bill for £90.46 after a tenant of one property left. He believes the Council should not have done this because the property was empty and so exempt from council tax until a new tenant moved in.
6. The Council says the original tenants informed it by phone on 26 August 2020 their tenancy ended on 24 August. The Council sent a bill to Mr B for the remainder of the year.
7. The new tenants called the Council on 27 August to say they were moving in on 14 September. On 28 August, the Council sent Mr B an amended bill for £90.46 covering the period between the tenancies.
8. While Mr B believes no council tax was payable for a one month period between tenancies, this is not automatic. There is a council tax discount of 100% for one month if the property is empty and unfurnished.
9. Mr B wrote to the Council on 7 and 14 September. The Council sent an adjusted bill (for £0.00) on 21 September.
10. The Council has accepted it could have replied sooner and could have asked the tenants whether the property was unfurnished when they called.
11. At no time did Mr B make any council tax payment or the Council take any recovery action.

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Final decision

12. I have decided we will not investigate this complaint. This is because, while the Council has accepted there was some fault, any injustice caused to Mr B does not warrant our involvement.

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Investigator's decision on behalf of the Ombudsman