Medway Council (21 000 660)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 27 May 2021

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint about a council tax charge as we cannot achieve the outcome he seeks which is for the charge to be cancelled.

The complaint

  1. Mr X complained about a council tax charge the Council asked him to pay after previously telling him no tax was due.

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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 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 could add to any previous investigation by the Council, 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

  1. I have considered what Mr X said in his complaint and I have sent him my draft decision on it for his comments. I have considered the comments Mr X made in response in reaching this final decision.

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What I found

  1. Mr X complained to the Council when he received a council tax bill after the Council had previously told him no council tax was due.
  2. The Council had initially told Mr X his property qualified for a 100% discount for a period when it was empty and unfurnished. The Council later realised that this was not the case as the property had been empty prior to Mr X buying it and no further discount was therefore due. It sent Mr X a revised bill around three months later.
  3. Mr X is unhappy as he provided all the information the Council asked of him to set up his council tax bill. Mr X complains he has been put to some time and trouble challenging the Council’s revised bill and that he had factored into his refurbishment budget, the fact that he had no council tax to pay.
  4. Mr X wants the council to stand by its original zero bill.

Analysis

  1. Mr X has spent time on this matter but not to an extent that we would consider warranted our further involvement. We cannot cancel the council tax bill and Mr X has not provided evidence of any other injustice that might merit a remedy in respect of a financial payment.
  2. For these reasons, we will not investigate.

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Final decision

  1. My decision is we will not investigate this complaint as the injustice caused to Mr X is not sufficient to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman

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