Summary: We will not investigate this council tax complaint because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council has not treated him fairly and has failed to refund an overpayment of council tax. Mr X wants a refund.

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

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How I considered this complaint

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

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My assessment

4. People who are jointly liable for council tax are all jointly liable for the full amount. If the council tax is reduced by council tax support (CTS) all the joint tax payers remain liable for the remaining amount.
5. People who receive pension credit can receive full CTS. People of working age may qualify for full CTS but this is limited to 80% of the council tax. Working age people will always have to pay at least 20%.
6. Mr and Mrs X, and their adult son Mr W, are jointly liable for the council tax. Mr W is of working age.
7. Mr & Mrs X and Mr W moved into their home in May 2021. Since May 2021 Mr & Mrs X have received full CTS. In June 2021 Mr X set up a direct debit to pay the council tax from his bank account. The council tax has been paid and there are no arrears.
8. In June 2021 and October 2022 the Council invited Mr W to apply for CTS. The Council offered help to compete the forms. Mr W applied for CTS in February 2023. The Council awarded full CTS, capped at 80%, because he is of working age. This means there is still council tax to pay which Mr & Mrs X and Mr W are all liable to pay. The CTS award meant there was a credit on the account which the Council refunded. The Council has continued to collect the remaining council tax which is due by direct debit from Mr X’s account. The Council explained to Mr X that it is a private matter as to who pays the remaining council tax – Mr & Mrs X or Mr W.
9. Mr X thinks the Council should refund all the council tax he has paid. He also says Mr W applied for CTS before 2023.
10. I will not investigate this complaint because there is insufficient evidence of fault by the Council. A full council tax refund is not due because Mr W did not apply for CTS until 2023 and his award does not cover 100% of the council tax. I asked the Council to check its records and, having checked, it confirmed Mr W did not submit a claim for CTS until 2023. The Council did, however, invite a claim in 2021 and 2022.
11. There is no suggestion of fault in the Council’s decision that there is nothing further to pay by way of a refund. The Council correctly explained that all three members of the household remain jointly liable for the remaining council tax and it is entitled to collect the payments from Mr X because he set up a direct debit. There is nothing to indicate the Council has treated Mr X unfairly.

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Final decision

12. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman