Summary: Miss Y complained the Council sent an incorrect tax bill to her late father after he had passed away. She also complained about the way the Council dealt with the issue once she had complained about it. Miss Y said the Council caused her distress and inconvenience as she had to chase a resolution over a prolonged period. We find there is fault in the Council’s actions, which caused Miss Y an injustice.

The complaint

1. Miss Y complains the Council sent an incorrectly calculated Council Tax bill to her late father (Mr X), after he had passed away. Miss Y says the Council continued to send letters addressed to her late father and failed to issue a refund which was due to his estate for two years. The Council has also failed to provide a stage two response to the complaint.
2. Miss Y is seeking a payment in recognition of her time and trouble over two years of repeatedly contacting the Council.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

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How I considered this complaint

4. I have considered the information provided by Miss Y and the Council.
5. Miss Y and the Council have had the opportunity to comment on my draft decision. Their comments have been considered in reaching a final decision.

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What I found

What happened

6. Miss Y’s father lived alone in his flat in the Council’s area. He passed away in January 2021. The Council sent a council tax bill to him in March 2022.
7. The Council says it became aware that Mr X had passed away in December 2021. It says an adjustment bill showing the closure of the account was sent in January 2022. It says this bill was addressed to Mr X but should have been addressed to the executors of his estate.
8. In March 2022, the Council sent a council tax bill addressed to Mr X. The bill covered a period ending on the date of Mr X’s death. This bill stated Mr X’s account was in credit, so a refund was due to his estate.
9. Miss Y contacted the Council in May 2022 and enquired about the refund which was due to Mr X’s estate. She says she completed online forms and provided the Council with the relevant documents including her late father’s death certificate.
10. Miss Y met with the Council in October 2022 as the refund had not been applied, and the Council asked Housing Benefits do this.
11. Miss Y went to the Council again in November 2022, and the Council told her it had not actioned it.
12. Miss Y formally complained about the lack of contact, information and help provided by the Council. She stressed this had been a sensitive time for her and said the Council had not recognised this.
13. The Council provided a complaint response in December 2022. It accepted that Miss Y had been told the council tax team did not have a functioning email address and apologised for the difficulties she had with contacting the council. It said it had not received online forms Miss Y said she had sent. The Council said it could not process the refund until it had this information and said that as it had now received the information this could be done.
14. The Council explained the sum in its bill had been wrong and processed a refund of the correct, lower sum, in December 2022. The sum that has been refunded is not in dispute.
15. Miss Y said she was unhappy with the Council’s response to her complaint and asked the Council to review it at stage two of its complaint process. She questioned why the Council would not process the refund given it was aware her father had passed away, regardless of whether the council tax team received her documents.
16. The Council failed to provide a stage two response under its complaints process, although Miss Y chased for this twice.

Analysis and findings

17. The Council should not have sent a bill in Mr X’s name after it was aware of his passing. It also should not have taken seven months for it to process a refund once Miss Y contacted it in May 2022. Further, the Council has failed to provide a review of its complaint response. On the information I have, I consider there has been fault in the Council’s actions.
18. The Council has issued the council tax refund which was due to Mr X’s estate, so there is no financial loss remaining.
19. However, the Council has caused Miss Y unnecessary distress and inconvenience and has not provided any reasonable explanation about why this is. It is evident the Council’s communication has fallen below an acceptable standard and this has led to an avoidable delay in processing the refund. This has meant Miss Y had to spend time trying to reach the Council and attending in person for what should have been a simple process. The Council also sent a council tax bill which contained an incorrect figure, and addressed it to Miss Y’s late father, despite its knowledge of his passing. To compound matters further, the Council has failed to follow its complaints process.
20. I am not therefore satisfied the Council has gone far enough to address the injustice suffered by Miss Y as a result of its fault.

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Agreed action

21. Within one month of my final decision, the Council will:
• Apologise and pay Miss Y £100 in recognition of the injustice caused by its fault. The apology should follow the ombudsman’s guidance on apologies.
• The Council will ensure it has a functioning email address or a telephone number on which its council tax team can be reached.
22. The Council will provide us with evidence it has complied with the above actions.

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Final decision

23. The Council is at fault and this fault has caused Miss Y an injustice.

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Investigator's decision on behalf of the Ombudsman