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
- Ms X complains the Council closed her council tax account in error and then charged her £700 when it reopened it.
- As a result, she says she has been financially disadvantaged.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- 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.
- 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.
- 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.
- 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.
- 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.
Final decision
- We will not investigate Ms X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman