Manchester City Council (23 007 727)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 03 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to charge Mr X for council tax from the date he became liable. This is because an investigation would not lead to a different outcome.
The complaint
- Mr X complained that he contacted the Council to set up a council tax account several times and did not receive a response until many months later.
- Mr X complained he has been caused stress by the Council’s actions.
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
- we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says he contacted the Council shortly after moving into his property in August 2022 to set up a council tax account, but he did not receive a response.
- In June 2023 Mr X formally complained to the Council after receiving a bill for council tax charges incurred from August 2022. Mr X said he contacted the Council numerous times with no response and therefore should not have to pay the full outstanding charges.
- The Council investigated and found evidence Mr X contacted it in February 2023 citing an incorrect address. The Council failed to follow this up with Mr X until April 2023 when he provided the correct address. At this point, the Council set up an account and told Mr X it would need to refer Mr X’s property to the Valuation office agency (VOA) before it could issue Mr X with a council tax bill. The Council went on to set up an account for Mr X in June 2023 after the VOA confirmed Mr X’s property banding. The Council apologised for the delay in responding to Mr X’s attempts to set up the council tax account but maintained that he was liable for the outstanding bill. The Council offered to review Mr X’s monthly payments if he found them unaffordable.
- Mr X is unhappy with the situation and believes the Council should waive a substantial portion of the outstanding council tax charges. It would have been best practice for the Council to respond to Mr X’s initial contact in February 2023 however I cannot see that the delay has caused Mr X a significant injustice. Further, the evidence shows the Council took action to set up the account in April 2023 after receiving the correct information, which were the correct actions for the Council to take. The outstanding amount represents valid charges Mr X is responsible for paying and the Council is entitled to expect Mr X to make arrangements to pay it. An investigation would therefore not provide Mr X with the outcome he seeks.
Final decision
- We will not investigate Mr X’s complaint because an investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman