Summary: We will not investigate Mrs X’s complaint that the Council failed to collect her council tax last year and expects her to pay two years tax in the next 12 months. The Council has taken appropriate action to correct its error.

The complaint

1. Mrs X complains the Council failed to collect her council tax for the year 2020/1 because it mistakenly treated her property as exempt after she had set up a direct debit to pay. Mrs X complains the Council now wants her to pay two years council tax in one. She says the Council has caused her distress and, as a pensioner, she is struggling to pay. Mrs X wants the Council to cancel the tax in recognition of its error and pay her compensation.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if satisfied with action the Council has taken or proposes to take.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I have considered Mrs X’s information and comments. I have considered the complaints correspondence.

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My assessment

4. I will not investigate Mrs X’s complaint because I am satisfied the Council has taken appropriate action:
1. The Council has apologised and explained its error which it corrected on 16 March 2021.
2. It has agreed Mrs X can pay the tax due of £952 over the next 12 months which would be an additional £79 per month. The Council has a duty to collect the tax and Mrs X is obliged to pay because the Council’s error does not affect her liability.
3. The Council has informed Mrs X if she has difficulty paying the amount requested it will consider a different payment plan. If Mrs X is under financial pressure she can ask the Council for a hardship form and it will assess the position.

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Final decision

5. The Ombudsman will not investigate Mrs X’s complaint that the Council failed to collect her council tax last year and is expecting her to pay two years tax in 12 months. The Council has taken appropriate action to correct its error.

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Investigator's decision on behalf of the Ombudsman