Summary: We will not investigate this complaint about the way the Council managed the complainant’s council tax. This is because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.

The complaint

1. The complainant, whom I refer to as Ms X, complains about the way the Council handled her council tax. She says the Council changed her bills without responding to her letters or providing an explanation. Ms X wants an apology, answers and compensation.

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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))

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How I considered this complaint

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

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My assessment

4. During 2022 there were changes in Ms X’s circumstances which led to the Council having to issue new bills. The changes include adding the single person discount and changes in Ms X’s benefit. The Council also had to issue a new bill because Ms X cancelled the direct debit. Ms X says she cancelled the direct debit because she did not know what was happening with the bills.
5. In September the Council found out that Ms X’s home was not in the correct band for council tax. The dwelling was listed as having two flats when, ever since Ms X moved in during 2021, there had only been one flat. The Council referred the case to the Valuation Office Agency (VOA) for a new banding decision; the VOA, which is not part of the Council, decides which band a property should be in. The Council sent a new bill based on the expectation that Ms X’s flat will be placed in a higher band and explained it had created a new account number to reflect the revised band. The Council backdated the bill to 2021. The Council explained what had happened regarding the banding and that Ms X could continue to make payments on the old account until the VOA makes the new banding decision.
6. Ms X missed or was late with a payment which led to the Council issuing a summons in January. However, the Council cancelled the summons and costs in the same month. It also explained Ms X could disregard the bill for the new account until the VOA makes a decision. It warned Ms X that her payments may increase if the VOA places the flat in a higher band.
7. The current situation is that the Council is waiting for the VOA to make the banding decision and Ms X has no arrears. The Council explained that any credit on the old account will be transferred to the new account. It recognised the situation may be stressful but it declined to pay compensation because it had followed the correct process.
8. Ms X says the Council delayed responding and did not answer all her questions. She found the process stressful and says the Council should pay compensation.
9. I will not investigate this complaint because there is insufficient evidence of fault by the Council. I appreciate getting revised bills can be stressful but there have been changes in Ms X’s circumstances which meant the Council had to issue new bills. Ms X confirmed there has only been one flat since she started the tenancy in 2021 so the Council had to issue the bill for a new account from that date. The Council provided explanations for the changes to the bills and explained why the VOA is reassessing the banding. The Council sent a letter in October explaining about the new banding and the information was repeated in subsequent letters.
10. I also will not investigate this complaint because there is insufficient evidence of injustice. I appreciate Ms X found the changes stressful and thinks the Council delayed responding and did not answer all her questions. However, there is not enough evidence of fault, or injustice, to require an investigation. The Council explained what was happening with the banding and cancelled the summons and costs. Mrs X has not incurred any charges and the Council has explained she can continue to make payments to the old account or use the provisional one pending the new band. The council tax has been in a state of flux for a few months but there is not enough injustice to require an investigation and no grounds to ask for compensation.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman