East Riding of Yorkshire Council (23 010 132)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 02 Nov 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s pursuit of Mr X’s father for council tax debt. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
- Mr X complained the Council pursued Mr X for payment of unpaid council tax despite knowing he was unwell.
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:
- there is not enough evidence of fault to justify investigating, or
- any fault has not caused injustice to the person who complained.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the @complainant @and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X’s complained to the Council regarding its management of his late father Mr Y’s council tax account. He said the Council failed to offer Mr X support despite knowing he was unwell and sent him threatening correspondence requesting payment of outstanding council tax bills.
- The Council investigated and found records of Mr X informing it that Mr Y was in poor health. The Council responded to this by referring him to an money advisory service. The Council’s records also showed it sent automated recovery notices to Mr Y due to Mr Y failing to make payment in full on the required payment dates.
- Mr X remains unhappy with the Council’s response and wants us to find the Council at fault. Based on the evidence seen so far, the Council management of Mr Y’s account was in line with what we would expect. The Council has a duty to remind residents of outstanding or missed council tax payments and there is no evidence the Council has acted inappropriately in how it has managed this situation. The Council also attempted to assist Mr Y by recommending a money advisory service. Further, Mr X has not sustained a personal injustice due to this matter and so an investigation would not be a good use of public resources.
Final decision
- We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman