London Borough of Croydon (22 011 864)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 03 Jan 2023
The Ombudsman's final decision:
Summary: Mr X complains that the Council failed to process his Council tax payment which resulted in further bailiff fees. We will not investigate this complaint because there is no evidence of fault by the Council.
The complaint
- Mr X complains that the Council failed to process his Council tax payment which resulted in further bailiff fees.
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, or
- any fault has not caused injustice to the person who complained, or
- any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- The complainant has had an opportunity to comment on my draft decision.
My assessment
- Mr X made a payment of Council tax on 27 April 2022 to the Council. However, Mr X had significant arrears of Council tax and the payment should have been made directly to the Bailiffs if further enforcement fees were to be prevented.
- Any possible increase in enforcement fees would therefore be the result of payment to the Council instead of the bailiffs.
Investigator's decision on behalf of the Ombudsman