Summary: We will not investigate the Council’s alleged failure to inform Mrs X of arrears on her council tax account. This is because an investigation would be unlikely to result in a different outcome for her.

The complaint

1. Mrs X complained the Council failed to inform her that there was an outstanding amount on her council tax account. She said she has been caused distress by the Council’s actions.

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The Ombudsman’s role and powers

2. 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:

• further investigation would not lead to a different outcome.

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

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council sent Mrs X an annual council tax statement for the 2022/23 financial year setting out the monthly instalments she needed to pay.
6. After Mrs X’s income changed, her benefits entitlement decreased. The Council sent Mrs X a further statement in July 2022 outlining the change and increase this caused to her monthly instalments for the remainder of the year. Mrs X says she did not receive this letter.
7. In February 2023, Mrs X asked the Council to refund an overpayment she made. At this point the Council informed Mrs X she was £388.97 in arrears on her Council tax account.
8. Mrs X complained she paid the instalments set out in the annual statement. The Council explained it sent a further statement following the changes to her benefit entitlement. The Council apologised that she had not received it and told her it had offset the arrears using the overpayment she made, leaving a balance of £141.14. The Council offered to spread this amount across the monthly instalments for the upcoming financial year.
9. Mrs X remains unhappy with the arrears on her account and wants us to find the Council at fault for requesting that she repay it. The Council sent Mrs X a letter informing her of the increase to her monthly instalments. It is also likely the benefits department notified Mrs X of the change to her benefits. We cannot know why Mrs X did not receive either letter. We are satisfied the Council sent the letter. It would have been best practice for the Council to notify Mrs X she was making incorrect payments sooner. However, once the Council identified the issue it apologised and put forward a suitable plan for Mrs X to clear the arrears. This was appropriate in the circumstances. The Council is entitled to request that Mrs X repay the amount she owes.

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Final decision

10. We will not investigate Mrs X’s complaint because an investigation would be unlikely to result in a different outcome for her.

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Investigator's decision on behalf of the Ombudsman