Tandridge District Council (23 004 978)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 17 Aug 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the way the Council managed the complainant’s Council Tax. This is because the matter is out of time, and further investigation would not lead to a different outcome.
The complaint
- Ms X complained about errors in the Council’s management of her council tax account for her home. She says the Council has accepted it made errors, but the remedy offered is insufficient. She wants the Council to write of a further amount from the outstanding council tax bill.
The Ombudsman’s role and powers
- We investigate 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 or continue an investigation if we decide:
- further investigation would not lead to a different outcome, or
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by Ms X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says that she had ongoing issues with her Council Tax since 2021. This was because the Council cancelled her Direct debit payment for a short period of time. As a result, she missed Council Tax payments. The Council then sought to recover the money owed, by increasing the amount that Ms X paid monthly.
- In an email dated 16 June 2022 Ms X Stated that May’s payment had been missed due to the Council’s error and, as a result, her remaining payments were higher. It is clear, therefore, that she knew about this issue on this date, if not earlier.
- Ms X complained to this office on 3 July 2023, which is more than 12 months after 16 June 2022.
- We cannot investigate late complaints unless we decide there are good reasons. In this case, Ms X could reasonably have come to us before this time limit had passed.
- After reviewing Ms X’s complaint, the Council apologised and wrote off one month’s council tax bill amounting to £164.00.
- Ms X has stated she would like the Council to write off additional monies. Despite the Council’s errors, Ms X remains liable for the Council Tax charges incurred by living in her home and so we cannot ask the Council to write this off. Further investigation would not lead to a different outcome.
- The Council have remedied the injustice caused by apologising to Ms X and offering a payment for time and trouble that is in line with our guidance on remedies. We could not add anything further to the Council’s investigation.
Final decision
- We will not investigate Ms X’s complaint because it is out of time and further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman