Sefton Metropolitan Borough Council (20 008 440)

Category : Benefits and tax > Council tax

Decision : Upheld

Decision date : 13 Jan 2021

The Ombudsman's final decision:

Summary: Mr X complains that the Council erred in obtaining a council tax banding for his property. We will not investigate this complaint because the matter has been remedied by the Council.

The complaint

  1. Mr X complains that the Council erred in obtaining a council tax banding for his property.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

  1. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

  1. Mr X bought a property in 2018 and notified the Council. The Council notified the Valuation Office Agency for a council tax banding decision. The Council provided the wrong house number to the Valuation Office Agency and the house was listed as Band C.
  2. The Council later asked the Valuation Office Agency to band a neighbouring property. The Valuation Office Agency advised that this had already been banded at which point the Council realised their error. They asked the Valuation Office Agency for a banding for Mr X’s property with the correct address. The Valuation Office Agency listed it as band D.
  3. The Council then advised Mr X that he had not paid enough council tax for the past two years.
  4. The Council apologised and offered a longer period in which to pay the extra council tax.
  5. If there had been no fault by the Council Mr X would have had to pay the increased council tax at the start. The injustice caused to Mr X is therefore the budgeting problem caused by a late demand.
  6. The Council offered Mr X the opportunity to spread the extra payment into the 2021/2 year. I consider that the apology and opportunity to spread the extra payments over a longer period to be a reasonable settlement of the complaint.

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Final decision

  1. I do not intend to investigate this complaint because the matter has been remedied by the Council.

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Investigator's decision on behalf of the Ombudsman

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