Leeds City Council (23 011 976)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 21 Nov 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s alleged failure to collect Mr X’s council tax payments for several months. This is because an investigation would not lead to a different outcome.
The complaint
- Mr X complained the Council failed to collect his council tax payments for several months.
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:
- any injustice is not significant enough to justify our involvement, or
- we could not add to any previous investigation by the organisation, or
- 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 Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says he contacted the Council and asked it to set up a council tax account. He says he also provided his card details over the phone to arrange a direct debit.
- Several months later Mr X received notice from the Council stating that there was an outstanding unpaid balance on his council tax account.
- Mr X complained to the Council, and it transpired that his direct debit had not been set up. The Council told Mr X it was unable to listen to the call Mr X made to set up his account but it had sent him an opening bill and a reminder when the first payment was missed. The Council confirmed the remaining instalments were in place and would be collected.
- Mr X had to pay for the outstanding amount, which was approximately £400, and he wants the Council to provide him with a refund. We cannot comment on why the missed instalments were not collected without further evidence. Whilst Mr X has been inconvenienced by this situation, the personal injustice to him is minimal as there is no dispute that Mr X is responsible for the council tax on the account and therefore should have expected to make these payments. Following Mr X’s complaint, the Council has confirmed the payment instalments are now in place and will be collected going forward. This is a satisfactory conclusion to this matter.
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