London Borough of Newham (22 010 416)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 22 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Mr X’s Council Tax payments. This is because there is no evidence to suggest fault by the Council.
The complaint
- The complainant, who I call Mr X, complains he overpaid Council Tax at his previous address for two months but that the Council has not given him what he overpaid back. He says he wants the full £359 he overpaid and not the £70 the Council has refunded.
The Ombudsman’s role and powers
- We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council, including its response to the complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council about the amount of refund he received when he made two payments for Council Tax after he had left his previous property. The Council explained that while he had made the two payments, he had arrears from a previous year. The Council used the money to clear the previous year’s arrears and refunded the balance, £70, to Mr X.
- The Council has explained to Mr X the details of his Council Tax account, the payments he made and the arrears from a previous year. While Mr X may have been disappointed not to have received the full refund, there is no evidence to suggest fault by the Council and we will not investigate the complaint.
Final decision
- We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman