Slough Borough Council (23 000 076)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 10 May 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council not telling Mr X his council tax account number. He says this led to him paying his council tax to the wrong account number. This is because there is insufficient evidence of fault. In addition, there is no ongoing significant injustice.
The complaint
- Mr X complains the Council did not tell him his council tax account number had changed. This resulted in him paying for his council tax to a wrong account number. He says the Council is asking him to pay the bailiff costs.
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 an 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
- Mr X owns a property. In April 2021, the Council was notified by the tenant of Mr X’s property they had left the property. Based on this information, the Council closed the previous tenant’s council tax account and set up a new account for Mr X, with a different account reference number.
- The Council sent Mr X a council tax demand in May 2021. This letter was sent to Mr X’s last known address. This letter also detailed the new council tax account reference number to be paid. As the Council received no payments to the account, the Council took enforcement action to recover the outstanding balance and eventually instructed enforcement agents.
- Mr X was only aware of the issue when the enforcement agents contacted him, in 2022. He told the Council he had made a payment to pay his council tax. The Council investigated and identified Mr X had paid using the previous tenant’s council tax account reference number, not his. The Council therefore credited this balance to Mr X’s council tax account.
- The Council confirmed following this it had cancelled all recovery action and instructed its enforcement agents to close the case. The Council also cancelled all associated recovery fees and asked Mr X to only pay the remaining balance outstanding for the financial year 2021/22.
- An investigation is not justified as there is insufficient evidence of fault. This is because the Council had appropriately notified Mr X of his council tax account reference number.
- In any case there is no ongoing significant injustice as the Council has cancelled the recovery action and cancelled all associated costs. Therefore, Mr X is now in the same position he would have been if he had paid with the correct council tax account reference number.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault. In addition, there is no ongoing significant injustice.
Investigator's decision on behalf of the Ombudsman