London Borough of Lambeth (23 005 292)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 16 Aug 2023

The Ombudsman's final decision:

Summary: We will not investigate Ms X’s complaint that the Council closed her council tax account in error and then charged her £700 when it reopened it. Further investigation would not lead to a different outcome.

The complaint

  1. Ms X complains the Council closed her council tax account in error and then charged her £700 when it reopened it.
  2. As a result, she says she has been financially disadvantaged.

Back to top

The Ombudsman’s role and powers

  1. 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 or may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

  1. The Council closed Ms X’s council tax in error and as a result of that her account showed she had overpaid by approximately £440. The Council refunded that amount back to Ms X’s bank.
  2. Shortly afterwards, the Council realised its error and reopened Ms X’s council tax account. Because it has mistakenly repaid her £440 and she had also not paid two months’ council tax, because her account had been closed, she now owed around £700.
  3. When Ms X called the Council, it offered her a payment plan to clear the amount she owed. Ms X refused, and so the full amount became repayable which the Council took from her account.
  4. Following her complaint, the Council apologised and offered Ms X £75 for the inconvenience it had caused her. Ms X remained unhappy and complained to the Ombudsman.
  5. We will not investigate this complaint. An error by the Council led Ms X to miss two payments of council tax totalling around £300. In relation to the £440 which the Council mistakenly repaid to Ms X, this was not her money and so the Council was entitled to ask for it back. The Council has apologised and offered a payment and £75 to remedy any injustice caused by its actions. This is in line with our remedies guidance and further investigation would achieve nothing further.

Back to top

Final decision

  1. We will not investigate Ms X’s complaint because further investigation would not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings