Solihull Metropolitan Borough Council (22 015 255)

Category : Benefits and tax > Council tax

Decision : Upheld

Decision date : 14 Mar 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about council tax arrears because the Council has provided a fair remedy.

The complaint

  1. The complainant, whom I refer to as Mrs X, says she asked for help as she was struggling with her council tax. But, instead of helping, the Council provided a delayed response and then issued a larger bill. Mrs X wants to pay less council tax.

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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 an investigation if we decide the Council has provided a fair remedy. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered information provided by Mrs X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and comments Mrs X made in reply to a draft of this decision.

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My assessment

  1. In March 2022 Mrs X told the Council she was struggling to pay her council tax. A comment from Mrs X made the Council realise she had been receiving a discount she was not entitled to. In May the Council explained why she was not entitled to the discount, invited her to apply for council tax reduction (CTR) and discretionary support, and gave her time to provide additional information.
  2. The Council issued a bill for about £3986 in June. The Council subsequently applied some discounts which reduced the bill. It is still waiting for some additional information which might mean the Council can further reduce the bill.
  3. In response to her complaint the Council apologised and said there had been a delay in responding and in understanding Mrs X’s situation. The Council waived arrears of £773 which left £672; the Council set up a payment plan of £168 a month which Mrs X has maintained. The Council arranged for Mrs X to receive benefit advice but explained she cannot receive CTR, which is means-tested, because she owns a second property for which she receives rental income. The Council checked to see if there is any other available to help; Mrs X told us there is no other help.
  4. Mrs X is unhappy the Council still wants her to pay £168 and says it offered no support.
  5. I will not investigate this complaint because the Council has offered a fair response. It became aware Mrs X had not paid enough council tax since 2018. Although there were some delay in some of its responses and some missed opportunities to help, the Council’s overall response does not require an investigation. It has written off arrears of £773, invited additional evidence so it could further adjust the bill and arranged advice to see if there is any other available support. Unfortunately, because Mrs X has a second property and income from property, there is no additional support and the council tax cannot be further reduced. The Council apologised for some of its responses.
  6. Mrs X says the Council has ignored her extreme anxiety and did not deal appropriately with someone who was upset and stressed. I appreciate this has been a difficult time but the removal of £773 is an adequate remedy, including recognition of her stress and anxiety.
  7. And, while Mrs X has referred to incompetence by staff and a lack of empathy, the records show the Council tried to help and there is nothing in the response requiring an additional remedy to the one that has already been provided.

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Final decision

  1. We will not investigate this complaint because the Council has provided a fair remedy.

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Investigator's decision on behalf of the Ombudsman

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