Knowsley Metropolitan Borough Council (21 017 231)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 24 Mar 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council wrongly closing the complainant’s council tax account, resulting in her owing £1600 in council tax. This is because the Council has agreed to issue an explanation and apology. We could not add to the Council’s investigation.

The complaint

  1. The complainant, Miss A complained the Council wrongly closed her council tax account, resulting in her owing £1600 in council tax.

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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:
  • we could not add to any previous investigation by the organisation, or
  • further investigation would not lead to a different outcome, or
  • it would be reasonable for the person to ask for a council review or appeal.

(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. Miss A has had an opportunity to comment on my draft decision. I considered any comments received before making a final decision

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My assessment

  1. Miss A says the Council issued a letter to her landlord wrongly claiming she had moved address and owed £1600 in council tax. Miss A told us the Council said this information came from Universal Credit and it did not resolve the matter. Miss A says she contacted citizens advice to resolve this but she has been left in debt.
  2. To put things right Miss A is seeking an explanation from the Council. She does not think the amount owed is fair and questions why the Council did not contact her sooner.
  3. The Council say Department for Work and Pensions (DWP) provided information Miss A had moved address in November 2020. We cannot criticise the Council for acting on this information. The Council has recognised Miss A’s complaint should have been registered and considered formally. It said it will arrange for a full explanation and apology to be sent to Miss A. It will also remind staff of correct procedures to follow in these circumstances.
  4. We could not add to the Council’s investigation. There is not enough justification for us to call on the Council to write off the debt if it is properly due. Miss A says she cannot afford the repayments. It is not unreasonable to expect her to ask the Council to lower the repayment amount if she has evidence she cannot afford these payments.

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Final decision

  1. We will not investigate Miss A’s complaint because the Council has agreed to issue an explanation and apology. We could not add to the Council’s investigation.

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Investigator's decision on behalf of the Ombudsman

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