London Borough of Southwark (22 015 181)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 27 Feb 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about an attachment of earnings order because the complaint is out of time.

The complaint

  1. Ms X says that payments were deducted from her wages to pay for Council tax. She says that the Council mislaid the payments and they have not been paid into her Council tax account.

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The Ombudsman’s role and powers

  1. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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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. Ms X says that payments deducted in 2018 from her former employer were not paid into her Council tax account. The Council responded in May 2018 stating that they were pursuing some missed payments and would respond to her by June 2018. The Council confirmed in June 2018 that there remained some missing payments.
  2. Ms X was aware of the matter in 2018 and I consider that it would have been reasonable to have made a complaint to this office within 12 months of this. The complaint is therefore out of time and out of jurisdiction.

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Final decision

  1. We will not investigate Ms X’s complaint because it is out of time.

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Investigator's decision on behalf of the Ombudsman

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