Summary: We will not investigate this complaint about the Council losing account of money Miss X paid towards her council tax arrears and of changing the amount owed. This is because there is insufficient evidence of fault. In addition, Miss X has not been caused any significant injustice.

The complaint

1. Miss X complains the Council lost account of money she had paid towards her council tax arrears. She also complains the Council kept changing the amount she owed and has now informed her of council tax arrears on another council tax account.

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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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement.

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

3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X made payments towards her council tax arrears in 2022. She said the Council lost account of the money she paid.
8. In its complaint response, the Council provided a breakdown of all payments received to date on her council tax account (Account 1). The Council also confirmed it had received payments from Miss X totalling just over £2500 in the 2022/23 tax year. The Council told Miss X these payments had been allocated to clear her 2022/23 council tax bill.
9. Therefore, there is insufficient evidence of fault to justify an investigation. This is because the Council has accounted for the payments Miss X made in 2022 and has explained to her how the money was allocated. The reason Miss X’s arrears balance has not lowered is because the payments Miss X made was used to clear her 2022/23 council tax bill, not the arrears.
10. The Council also told Miss X she was liable for arrears on another council tax account (Account 2). The Council explained Miss X was jointly liable with another person. There is potentially fault if the Council delayed in telling Miss X about the arrears on Account 2.
11. However, an investigation is not justified as I am satisfied the potential fault will not have caused significant injustice to Miss X as she is still in the same position she would have been if the Council had told her of the arrears on Account 2 earlier. This is because Miss X is still responsible for clearing the arrears on Account 2. If Miss X disputes her liability for the arrears for Account 2, it is reasonable to expect her to use her right of appeal to the Valuations Tribunal.

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Final decision

12. We will not investigate Miss X’s complaint because there is insufficient evidence of fault as the Council has accounted for the payments made by Miss X in 2022. In addition, Miss X has not been caused any significant injustice.

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Investigator's decision on behalf of the Ombudsman