Summary: Mr X complains about misleading information the Council gave him in connection with his council tax account. We will not investigate the complaint because the Council has taken action to address its fault and an investigation is unlikely to lead to a different outcome.

The complaint

1. The complainant, who I refer to as Mr X, complains the Council gave him confusing information and misled him with regard to a council tax exemption which led to arrears accruing on his account. He says the time frame given to him to pay the arrears is too short and he wants to pay at a rate he can afford over a longer period.

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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 could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. In considering the complaint I reviewed the information provided by Mr X and the Council. I gave Mr X the opportunity to comment on my draft decision and considered what he said.

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What I found

4. In 2021 Mr X submitted a complaint to the Council about its handling of his council tax account for a property he owns but does not live in. He said he felt he was being harassed by the Council, particularly as he was going through a bereavement, and that no consideration had been given to the Council misinforming him about his liability.
5. In responding to his complaint, the Council accepted it had provided confusing information and apologised for this. It told Mr X the council tax manager had been contacted to ensure those officers involved would be advised of their errors and that further training would be provided to prevent this happening again.
6. It advised Mr X that because he had only recently received the correct information at the end of the financial year, it would spread the outstanding amount over 6 months to be paid alongside his current council tax bill. It then also awarded Mr X £100 compensation to be applied to reduce his arrears for the previous tax year.
7. Unhappy with this response, Mr X contacted the Council again to explain he was unable to pay the arrears of at a rate of £200 per month for 6 months and instead could only pay £100 per month along with his current bill.
8. In response to my query on this point, the Council has confirmed it is willing to adjust the payment arrangement for 2020/21 so that Mr X pays £100 per month alongside his current liability for this tax year.

Assessment

9. The Council upheld Mr X’s complaint because it did not provide him with the level of service or the clarity of information expected. It apologised for this and paid Mr X £100 compensation. It has now also confirmed it is willing to accept a lower monthly amount to clear the arrears over a longer period.
10. As the Council has already taken this action and agreed to accept £100 per month along with this year’s monthly payment, I do not consider an investigation by the Ombudsman is warranted. It is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome or remedy for Mr X.
11. In responding to my draft decision, Mr X he would not have had to complain to us if the Council had agreed to a longer repayment period sooner.

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Final decision

12. We will not investigate this complaint. This is because the Council has taken action to address its fault and an investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman