City of York Council (22 000 984)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 16 May 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint that the Council delayed processing a change of address and then sent the complainant a threatening council tax letter. This is because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.

The complaint

  1. The complainant, whom I refer to as Ms X, says the Council delayed processing her change of address and then sent a threatening letter. She also says the Council wrongly removed her 25% single person discount and did not tell her she was liable for council tax until the end of the tenancy. Ms X wants an apology, refund and compensation.

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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 an investigation if we decide:
  • there is not enough evidence of fault to justify investigating, or
  • any fault has not caused injustice to the person who complained, or
  • any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

  1. I considered information provided by Ms X and the Council. This includes the change of address form and the complaint correspondence. I also considered our Assessment Code and invited Ms X to comment on a draft of this decision.

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My assessment

  1. A person will usually be liable for council tax until the end of their tenancy. People who live alone in a property as their main residence are entitled to a 25% single person discount. The discount only applies if the person is living in the property.
  2. On 19 July Ms X told the Council she would be moving on 28 July and her tenancy ended on 23 August. Ms X thought she would not have any more council tax to pay.
  3. The Council could not close the account in July because Ms X’s liability did not end until August. In the meantime, Ms X missed a payment so the Council issued a reminder. The Council sent the reminder to the old address even though Ms X had provided her new address. By chance, Ms X received the reminder when she returned the keys. She then complained that the Council had delayed processing her change of address.
  4. The Council apologised for sending the reminder to the old address. It explained it could not process the change until nearer the end of the tenancy. It explained that reminders are issued if someone misses a payment and it does not offer discounts on empty properties.
  5. The Council closed the account on 8 September and sent a closing bill which Ms X paid. The Council withdrew the reminder. The Council explained Ms X was not entitled to the single person discount for the period she was not living in the property.
  6. I will not investigate this complaint because there is insufficient evidence of fault by the Council. I can understand why Ms X thought she had no more council tax to pay after she moved but, as she did not pay as billed, there is no fault associated with the issue of the reminder. In addition, the Council explained why it could not close the account in July and it explained why Ms X remained liable. Ms X says the Council should have told her she remained liable but the form is for a resident to report a move and is not a medium for the Council to provide information.
  7. I also will not investigate this complaint because there is insufficient evidence of injustice. The Council withdrew the reminder. It did not serve a summons and Ms X did not incur any costs. I appreciate Ms X found the reminder stressful but this does not represent an impact which requires an investigation or compensation.

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Final decision

  1. We will not investigate this complaint because there is insufficient evidence of fault and injustice.

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Investigator's decision on behalf of the Ombudsman

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