Trafford Council (23 018 592)

Category : Benefits and tax > Council tax

Decision : Upheld

Decision date : 09 Apr 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s communication with the complainant as the matter has been remedied and there is insufficient injustice to warrant investigation.

The complaint

  1. Mr X complains that he received texts from the Council asking for information he could not provide which made him upset.

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The Ombudsman’s role and powers

  1. 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, or
  • any injustice is not significant enough to justify our involvement, or

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

  1. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X is in receipt of a single occupancy discount for Council tax. He received a text which asked him if he knew another person who may or may not live in his residence. The text only gave the initials of the other person.
  2. The Council explained that they could not provide the other person’s name in full for data protection reasons but they also needed to know if the discount still applied.
  3. The reference to the other person was explained and resolved. Mr X still receives the discount. The Council asked the provider to review their methods.
  4. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter
  5. I am satisfied that the matter has been remedied. Further, whist I appreciate the matter was upsetting for Mr X, I am not persuaded that any remaining injustice is sufficient to warrant investigation.

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Final decision

  1. We will not investigate Mr X’s complaint because the matter has been remedied and there is insufficient remaining injustice to warrant investigation.

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Investigator's decision on behalf of the Ombudsman

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