Trafford Council (21 011 619)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 15 Dec 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about delay in the Council notifying Mrs X of increased council tax liability as the remaining injustice to Mrs X is not sufficient to warrant our involvement and it is unlikely we can add to what the Council has already said.
The complaint
- Mrs X complains the Council delayed in advising her she was no longer entitled to a discount on her council tax. This led to arrears accruing which Mrs X has to pay back and this has impacted on Mrs X financially.
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 or may decide not to continue with an investigation if we decide the injustice is not sufficient to warrant our involvement, we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X told the Council in January 2021 that her daughter, aged over 18, was living with her. The Council revised Mrs X’s council tax account, removing the single person discount, but did not inform Mrs X of this until August 2021. This meant arrears had accrued on the account which the Council asked Mrs X to pay via an initial payment of £330 and then instalment payments significantly higher than Mrs X had paid previously.
- Mrs X says the £330 direct debit payment the Council took from her placed her in an unauthorised overdraft and that she is unable to afford the extra instalment payments.
- The Council says the delay in notifying Mrs X of the changes to her account was due to an IT issue. It says it gave Mrs X two weeks’ notice of the increased first payment and that as such Mrs X, could have cancelled this with her bank, had she not been able to meet it. The Council has now accepted Mrs X’s offer of instalment payments and a payment plan is now in place.
- While I recognise Mrs X has been caused some stress and worry, I do not consider there is sufficient remaining injustice caused to her to warrant our involvement. Mrs X could have cancelled the direct debit payment to avoid the issue with her bank and a payment plan, as suggested by Mrs X, is now in place. It is unlikely we can add to this or change the outcome and so we will not investigate.
Final decision
- We will not investigate Mrs X’s complaint because the remaining injustice to her is not sufficient to warrant our involvement and we cannot add to what the Council has already said.
Investigator's decision on behalf of the Ombudsman