Summary: We will not investigate this complaint about the Council’s alleged failure to gain Mrs X’s agreement before putting a payment plan in place to recoup outstanding council tax. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mrs X complained the Council has instated a payment plan to recoup outstanding council tax without gaining her agreement. She also complained the Council is charging her tax on a spare room she is not responsible for.

Back to top

The Ombudsman’s role and powers

2. 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.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mrs X complained to the Council because she was unhappy with the council tax instalments the Council is collecting from her on a monthly basis. She said the Council did not gain her agreement before putting the payment plan in place and she is struggling financially because of it.
6. The Council did not uphold Mrs X’s complaint. The Council advised that there is a substantial outstanding debt on the account and Mrs X has failed to make payments on the account within a timely manner leading to historic payment plans being cancelled. The Council provided Mrs X with a breakdown of the council tax debt outstanding and explained that it has invited her to contact it to discuss the payment plan and to apply for council tax reduction, but she has not responded.
7. Mrs X has brought the complaint to the Ombudsman because she wants us to find it at fault. The evidence shows the Council has offered Mrs X opportunities to clear the outstanding debt in monthly instalments and signposted her to ways she can be supported with her financial situation. There is no evidence the Council has acted with fault in the way it has managed the account.
8. Mrs X has also complained regarding tax she is being charged for a spare room. There is no evidence she has brought this aspect of the complaint to the Council and so this aspect of the complaint is premature. It is open to Mrs X to raise this with the Council.

Back to top

Final decision

9. We will not investigate Mrs X’s complaint because an investigation would be unlikely to

Back to top

Investigator's decision on behalf of the Ombudsman