London Borough of Redbridge (22 010 195)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 15 Nov 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s alleged failure to refund Council Tax payments to Miss X. This is because it is unlikely we would find fault with the Council’s actions.
The complaint
- Miss X complained that she showed the Council proof a former tenant at her late father’s property used stolen money to pay Council tax but the Council refused to refund her this money.
- Miss X said this matter has caused her distress and financial loss.
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 or may decide not to continue with 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 Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X told the Council a former tenant at her late father’s property had paid Council Tax using her late father’s stolen money. She asked the Council to refund this money.
- The Council explained it had charged tenants at the property the correct amount of Council Tax and it could not become involved in a civil dispute.
- Miss X wants the Ombudsman to find the Council at fault for failing to refund the Council Tax. Miss X has made an allegation of theft and is taking legal action against the former tenant.
- The evidence shows the Council has collected Council Tax payments it is owed from the liable tenant, which is in line with its process. We would not expect the Council to dispute the source of the payments it has received and so we would be unlikely to find fault with the Council’s actions. It is open to Miss X to recoup any money she believes she is owed by contacting the police.
Final decision
- We will not investigate Miss X’s complaint because we would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman