Summary: Mr C complained that the Council had effectively charged him twice for council tax since May 2020, following a change in occupation at his property. We have not found fault with the Council’s actions.

The complaint

1. Mr C complained that Bristol City Council (the Council) failed to refund council tax overpayments Mr C had made out of his bank account since 2020 and failed to adequately explain to Mr C why he is not due a refund. This caused Mr C significant frustration and financial loss.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have considered the complaint and the documents provided by the complainant, made enquiries of the Council and considered the comments and documents the Council provided. Mr C and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

5. Mr C used to live with another person in his property. The council tax bill was in the sole name of the other person. Mr C says he made payments from a joint account. The Council says it received payments by direct debit from the person named on the account.
6. In June 2022 Mr C contacted the Council to say he had been the sole occupier of the property since May 2020. The Council amended the account to show Mr C as the liable person, initially from May 2021 and then from May 2020. The Council awarded the single person discount of 25% and sent backdated bills to Mr C from this date.
7. The Council refunded the money paid for council tax since May 2020 to the person previously named on the bill. The refunds were made in two payments in July and August 2022 into the bank account used to make the payments.
8. This meant that Mr C had to pay the council tax from May 2020 which created arrears over three years.
9. In March 2023 he complained to the Council that he was paying too much and appeared to be paying for periods he had already paid. The Council responded in April 2023 saying he was not due any refund. The bills had been amended following the change of occupiers in May 2020 and any credits had been refunded to the previous liable person. At this point Mr C had nearly cleared the balances for the previous years.
10. Mr C was unhappy with response because he said the payments since 2020 had come out of his joint account and he had overpaid. The Council responded in May 2023 confirming that the situation was correct, and he was not owed a refund.
11. Mr C complained to us. He provided evidence of payments made out of a joint account since 2020. The information did not show the names on the account. The Council said it has not received any payments from Mr C out of a bank account in his sole name.

Analysis

12. I have not identified any fault in the way the Council has administered Mr C’s council tax account. He informed the Council in June 2022 that he had been the sole occupier of the property since May 2020. Up to this point the council tax bill was in the name of another person. The Council amended the account from May 2020 to show Mr C as the liable person from that date, awarded him the single person discount and sent him bills for council tax for the years 2020/21, 2021/22 and 2022/23. He started to pay a monthly direct debit towards the balances.
13. The Council also refunded the money paid for council tax between May 2020 and June 2022 to the person previously named on the bill into the account from which the direct debits had come. There was no evidence that Mr C had paid the bills himself from an account in his sole name.
14. The Council has been unable to give Mr C any more information about the refunds due to data protection regulations.

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Final decision

15. I have completed my investigation into this complaint as I am unable to find fault causing injustice in the actions of the Council towards Mr C.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman