Wigan Metropolitan Borough Council (22 005 411)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 25 Aug 2022
The Ombudsman's final decision:
Summary: We will not investigate this council tax complaint because there is insufficient evidence of fault by the Council.
The complaint
- The complainant, whom I refer to as Mrs X, complains about the way the Council handled her council tax. She complains the Council took £300 without notification and it is pursuing her for arrears from 2017 that she knows nothing about.
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by Mrs X and the Council. This includes the complaint correspondence and council tax letters from 2017. I also considered our Assessment Code and comments Mrs X made in reply to a draft of this decision.
My assessment
- The council tax account was in Mr X’s name. He became ill and remains in hospital. Mrs X moved into the home in September 2021. Before she moved in Mr X had signed a direct debit agreement. The Council took £300 using this direct debit agreement. The money came from a joint account.
- Mrs X complained the Council did not give advance notice of the £300 and complains the Council would not give her any information. The Council could not provide information until 2022 when Mrs X provided consent from Mr X for the Council to share information with Mrs X.
- Since then the Council has set up the account in joint names, transferred the £300 to the joint account and invited Mrs X to claim any discounts or benefits that may be available and invited her to contact a welfare support officer. It also explained how and why it was able to take the £300. The Council says Mrs X is up to date with her current council tax.
- The Council told Mrs X she has arrears from 2017 for £453. This is for an account in Mrs X’s name and the Council obtained a liability order in August 2017 for £845. The Council recently invited Mrs X to set up a payment plan. Mrs X says she does not owe any money and the Council did not tell her she owed any council tax.
- I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council was initially acting on instructions from Mr X and was then restricted in what it could say due to data protection. Once this was resolved the Council explained what had happened regarding the £300 and transferred the payment. Further, the Council invited Mrs X to apply for discounts or benefits.
- The court issued a liability order in 2017 so the Council is entitled to seek payment from Mrs X. I have seen a copy of the summons and a letter the Council sent in 2017 telling Mrs X the court had issued a liability order and asking for payment and information. The current balance is £453 which shows Mrs X paid some of the debt so must have been aware of it at some point.
- It may have been better if the Council had asked for full payment before 2022, although it might be it did not know where Mrs X was as it appears she was living elsewhere for some time. However, the Council has invited a payment plan so the impact is no different than if the Council had sought the rest of the arrears sooner.
- I appreciate Mrs X has had a difficult few months and has had to manage her husband’s poor health and an evolving council tax situation. But, I have not seen evidence of fault such that an investigation is required.
Final decision
- We will not investigate this because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman