Elmbridge Borough Council (22 013 669)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 07 Jun 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about delays in the Council dealing with Miss X’s request for a breakdown of her council tax arrears. This is because an investigation would not lead to a different outcome.
The complaint
- Miss X complains about delays in the Council dealing with her request for a breakdown of her council tax arrears.
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 an investigation if we decide investigation would not lead to a different outcome. (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.
My assessment
- Miss X said she asked the Council for a breakdown of her council tax arrears in March 2022. The Council said it had no record Miss X contacted it about her council tax arrears between January and September 2022.
- The Council provided the Ombudsman with a chronology of its contact with Miss X between January and September 2022. This showed Miss X contacted the Council with various enquiries about changes to her council tax support and how to apply for an energy rebate. It also showed the Council sent Miss X council tax adjustment notices, which detailed her new awards, between March and June 2022.
- There is therefore a conflict in the evidence as Miss X and the Council’s account of what happened differs. It is unlikely an investigation would lead to any findings about which account is more accurate.
- In any case, an investigation is not justified as it would not lead to a different outcome. This is because Miss X has now been provided a full breakdown of her council tax arrears and she has agreed a payment plan with the Council.
Final decision
- We will not investigate Miss X’s complaint because an investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman