Summary: We will not investigate this complaint about the Council not waiving an additional council tax charge. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council should waive a council tax charge of £499 because he was forced to move due to racial harassment and hate crimes.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

4. People who live alone are entitled to a 25% council tax reduction. This only applies to the property the person is living in as their main home.
5. Mr X owns a flat. He was getting the single person discount. He moved out in February 2021 due to hate crimes and racial harassment. Mr X complained to us about the way the Council responded to his report of hate crimes. We found no fault by the Council.
6. In October Mr X told the Council he had moved and the flat had been empty since February 2021 although he was still the owner. Mr X thought he would be entitled to a refund.
7. The Council told Mr X he owed another £499 in council tax because it had removed the single person discount from February. This meant Mr X was liable to pay full council tax from the day he moved out.
8. Mr X asked the Council to waive the additional charge. He says he should not have to pay as he was forced out due to the hate crimes and because he thinks the Council mishandled his reports about the harassment. The Council declined to waive the charge because he was not entitled to the discount after he had moved out.
9. I will not investigate this complaint because there is insufficient evidence of fault by the Council. Mr X is not entitled to the discount from the day he moved out so there is no suggestion of fault in the Council issuing a demand for £499. It is unfortunate Mr X experienced hate crimes but we found no fault in the way the Council responded and, as unpleasant as harassment is, it is not a ground to cancel council tax. Mr X still owns the property so is liable for full council tax until he sells it or moves back in as a single person.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman