Harlow District Council (22 012 497)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 29 Mar 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about how the Council allocated Miss X’s council tax payments. There is not enough evidence of fault to justify investigating.

The complaint

  1. Miss X complained the Council had:
      1. Failed to credit her council tax account with a £100 payment.
      2. Incorrectly paid money to its rent department after she asked it to make a payment on her heating and hot water.
      3. Failed to make reasonable adjustments to meet her communication needs.

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The Ombudsman’s role and powers

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

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. We will not investigate Miss X’s complaint the Council failed to credit her council tax account with a £100 payment. In its complaint response the Council said it had checked Miss X’s bank transactions and it had allocated all payments received against either her council tax, rent account or green waste. There is not enough evidence of fault to justify investigating.
  2. We will not investigate Miss X’s complaint the Council incorrectly made a payment from her council tax account to her rent account. The Council confirmed Miss X asked it to make that payment. She then asked the Council to transfer money from her rent account to her heating account. There is not enough evidence of fault to justify investigating. There is also nothing to indicate the Council’s action has caused Miss X an injustice.
  3. We will not investigate Miss X’s complaint the Council has not made reasonable adjustments for her. Miss X is unhappy the Council does not use a specefic type of software. She also finds the format of billing complicated. We cannot tell the Council what software to use. The Council has said Miss X can call it when she has a query. The Council’s complaint response demonstrates the Council has supported Miss X on the telephone with her concerns about billing. There is not enough evidence of fault to justify investigating.

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Final decision

  1. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman

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