Summary: We will not investigate this complaint about the Council’s administration of Mrs X’s council tax accounts. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mrs X complained about the Council failing to close a joint account which she held with her ex-husband and paying a refund from the joint account to him instead of her.

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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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X says she asked the Council to close her joint council tax account with her husband because there were separating. The Council did this and opened an account for the property in her sole name in November 202. She says that she had made payments into the account after the separation and the account was in credit. Later the Council refunded the credit to her ex-husband at his request.
6. Mrs X says the reason for creating the sole account was to ensure he had no control over the finances. The Council told her that although her former joint account was closed when the sole one was set up, either party could still pay into he account number and the credit was refunded to the party details on the previous account.
7. Although Mrs X believes the Council should not have refunded her ex-husband, he was one of the parties jointly and severally liable for the account before her sole account was established. The Council refunded the credit to the details which it retains on the Council tax register for that account and this is a requirement of the billing authority. Mrs X is entirely responsible for credits or arrears on her sole account since 2021 but joint liability remains for the previous account.

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Final decision

8. We will not investigate this complaint about the Council’s administration of Mrs X’s council tax accounts. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman