Mid Sussex District Council (21 006 540)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 29 Sep 2021

The Ombudsman's final decision:

Summary: We will not investigate this complaint about how the Council dealt with the complainant’s council tax account. This is because there is insufficient injustice to warrant investigation.

The complaint

  1. The complainant, who I will call Mr X, complains that the Council was at fault in the way it has handled his council tax account. He complains that the Council sent him a bill for a period for which he was not liable, and issued a Court Summons for which he was not liable.
  2. Mr X would like compensation for the time and trouble he has been put to in dealing with the matter.

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The Ombudsman’s role and powers

  1. 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 we decide:
  • any injustice is not significant enough to justify our involvement, or
  • further investigation would not lead to a different outcome

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

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.
  3. The complainant has had an opportunity to comment on my draft decision.

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My assessment

  1. Mr X informed the Council he had moved out of the property.
  2. The Council requested the new owner details from him as the Land Registry records had not yet been updated. Mr X did not respond, so the Council issued a bill and a Court Summons for outstanding council tax.
  3. Mr X complained to the Council. It upheld his complaint in part, withdrew the court summons and refunded overpaid council tax to him.
  4. We will not investigate Mr X’s complaint. There is insufficient remaining injustice to warrant our intervention, and investigation would not lead to a different outcome.

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Final decision

  1. We will not investigate this complaint. This is because there is insufficient injustice to justify investigation.

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Investigator's decision on behalf of the Ombudsman

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