Summary: We will not investigate this complaint that the Council failed to issue a council tax refund. 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 failed to issue a council tax refund as agreed.

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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 Mr X’s emails to the Council and the complaint replies. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

4. In May 2021 Mr X asked the Council to prune a hedge. In September he complained the hedge had not been cut back. Mr X spoke to an officer and says the officer agreed Mr X should have a council tax refund. In one letter Mr X wrote “having discussed a refund I was not told of any reason why I would not get one”.
5. The Council is not responsible for the maintenance of hedge and it was cut by the responsible person in October. In October the Council told Mr X he was not eligible for a council tax refund. Mr X made further complaints in October about the Council not returning calls and about not getting the council tax refund.
6. The Council responded in May. It apologised for the delayed response and for not keeping Mr X updated regarding the hedge. It explained that council tax is a property tax and refunds cannot be issued due to dissatisfaction with a service. The Council said there was no evidence anyone had agreed a refund and, even if it had been said, no refund could be issued.
7. Mr X says the Council ignored, victimised and made fun of him. He alleges fraud by the Council because it is not doing what it is paid to do.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. There is no provision in the legislation for councils to issue a council tax refund because someone is dissatisfied with a service. So, there is no suggestion of fault in the Council’s decision not to issue a refund. In addition, there is no evidence a refund was agreed and the wording Mr X has used in some of his emails does not suggest a refund was agreed. And, even if an officer mistakenly told Mr X that a refund would be given, the Council explained in October that a refund would not be issued.
9. The Council delayed responding to Mr X’s further complaints but it has apologised and the delay does not amount to fault requiring an investigation. I have not seen anything to support Mr X’s allegations about being victimised or being made fun of. And, while the Council accepts it could have done more to keep Mr X updated, it also explained it is not responsible for the hedge.

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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