Summary: We will not investigate this complaint that the Council regularly sends threating council tax letters. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant’s representative (Mr X) complains the Council sent threatening council tax letters to his mother (the complainant, Mrs Y). Mr X wants the Council to stop writing to Mrs Y.

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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 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))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the council tax letters and correspondence. I also considered our Assessment Code.

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My assessment

4. People who live alone are entitled to a single person discount (SPD). Councils periodically check that people are still living alone and entitled to the SPD.
5. The Council wrote to Mrs X in December to ask her to confirm she lives alone. The letter explained why the Council was asking for the information and said it could remove the discount if she did not respond within 21 days.
6. Mr X contacted the Council in December and said his mother was still living alone. He said the letter had caused upset to Mrs Y. The Council apologised for the upset and said it would update its records.
7. The Council sent a reminder to Mrs Y in January asking for the same information. Mr X wrote to the Council to repeat that his mother continues to live alone.
8. The Council confirmed it had recorded the discount but also said all discounts are periodically checked. It invited Mr X to send proof he has power of attorney if he would like the Council to send council tax letters to him rather than to Mrs Y.
9. I will not investigate this complaint because there is insufficient evidence of fault by the Council to warrant an investigation. The Council is required to check that people are still entitled to discounts and it cannot agree to stop carrying out such checks. I have read the review letter and, while it is robust, I do not agree it is threatening. The Council explained why it needed the information and Mrs Y, and Mr X, would have known there was no risk of the SPD being removed because Mrs Y continues to live alone. The letters need to clearly explain that the information is required and the consequences of not responding.
10. I do not know why the Council sent a reminder in January when Mr X had responded in December. I appreciate this caused additional upset to Mrs Y. But, while it appears the Council should not have sent the reminder, this does not amount to fault requiring an investigation. In saying this I have taken into account that the discount is still in place and the Council explained Mr X could make arrangements for future council tax letters to be sent to him, thereby removing the potential for Mrs X to receive further letters she may find distressing. The Council cannot agree not to send further review letters so this was an appropriate offer to help remove further distress for Mrs Y.
11. Mr X also complained to the Council that the review letter had been sent by a third party. The Council correctly explained that it contracts the third party to administer council tax. This is not an example of fault and does not require an investigation.

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Final decision

12. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman