Summary: We will not investigate this complaint about a council tax refund because the Council has provided a fair response and there is not enough remaining injustice to require an investigation.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council did not tell him he had a council tax credit of £774. He says the Council lied about making the refund. Mr X wants compensation of £1500 to £2000.

Back to top

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 an investigation if we decide:

• the Council has provided a fair remedy, or
• any injustice is not significant enough to justify our involvement.

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

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence. I considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

Back to top

My assessment

4. Mr X paid all his council tax for 2019/20 in advance. He moved in November 2019. This meant his council tax account was in credit by £774. Mr X did not ask the Council for a refund until July 2021. The Council processed the request in July and Mr X received it in August. The Council initially tried to make the refund to Mr X’s bank card but this was not possible as the card was due to expire in July. The Council paid the money into Mr X’s bank account.
5. Mr X complained about the delay in getting the refund. The Council explained that its policy in 2019 had been to wait for people to ask for refunds. However, it had decided to improve the system and introduced a new procedure in 2021 which means the Council now contacts people about credits and refunds. The Council was gradually reviewing accounts in 2021 but had not reached Mr X’s account before he made contact to ask for a refund.
6. The Council said Mr X could have got in touch in 2019 as he would have known he had paid the council tax for the whole year but left before the end of the financial year. It also said Mr X could have checked the account on-line where he could have viewed the credit. The Council explained why it could not issue the refund to Mr X’s card. The Council awarded Mr X £75 in recognition of the delay in Mr X receiving the refund.
7. I will not investigate this complaint because the Council has provided a fair and proportionate response. It explained what happened and why it decided to improve its procedures for credit refunds. It also explained why it could not make the refund to the bank card and it awarded £75. This is a fair response and once this is taken into account there is not enough injustice to require an investigation. Mr X says he could have made use of the money before 2021 but, as I have said, he could have asked for the refund before 2021 or checked his account.
8. Mr X made a Freedom of Information (FOI) request about the new refund policy and is dissatisfied with the response. I will not investigate this point because it has no bearing on my assessment of the overall complaint. Mr X could complain to the Information Commissioner if he thinks the Council’s response to his FOI reply was inadequate.

Back to top

Final decision

9. We will not start an investigation because the Council has provided a fair response and there is not enough remaining injustice to require an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman