Plymouth City Council (21 007 690)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 25 Oct 2021
The Ombudsman's final decision:
Summary: We will not investigate this council tax complaint because there is insufficient evidence of fault by the Council.
The complaint
- The complainant, whom I refer to as Ms X, complains the Council made her liable for the council tax for a period when the property owner (Mrs A) was in a care home.
The Ombudsman’s role and powers
- 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by Ms X and the Council. This includes the complaint correspondence. I considered our Assessment Code and invited Ms X to comment on a draft of this decision.
My assessment
- Ms X lived with Mrs A as her carer. Mrs A went into a care home in March 2020 and remained there until she died in August 2021. Ms X continued to live in the property owned by Mrs A.
- In March 2021 Ms X told the Council that Mrs A was in the care home. Ms X claimed the single person discount. The Council apologised for a delay in applying the discount.
- Ms X complained to the Council that it had billed her for the council tax from March 2020 and refunded the payments that had been made from Mrs A’s account. In response the Council explained that the person who is liable for the council tax is the person who lives in the property. Mrs A remained the owner until her death but Ms X was liable for the Council from the date Mrs A had not lived in the property. The Council awarded the single person discount to Ms X and gave her time to pay.
- The Council says Ms X has paid the council tax from March 2020.
- I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council correctly told Ms X why she is liable from March 2020 and it awarded the discount to reflect that Ms X has lived alone in the property from that date.
Final decision
- I will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman