London Borough of Barnet (24 001 677)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 09 Jun 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax payments because the matter is still being investigated by the Council to remedy the matter.
The complaint
- Ms X complains that the Council has not accounted for payments she has made to a Council tax account.
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:
- 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
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome, or
- we cannot achieve the outcome someone wants, or
- there is another body better placed to consider this complaint, or
- it would be reasonable for the person to ask for a council review or appeal; or
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says that she has made two payments towards a Council tax account but the Council denied having received them.
- The Council has now found one of the payments and has asked for further information from Ms X to enable them to identify the other payment.
- I do not consider that the Ombudsman could investigate at this stage as we do not know whether the other payment was lost due to fault by the Council. Ms X may make a further complaint to this office when the other payment has been identified (or a reasonable period has elapsed to enable the Council to be clear whether that payment was received or not).
Final decision
- We will not investigate Ms X’s complaint because the Council has been given a further opportunity to remedy the complaint.
Investigator's decision on behalf of the Ombudsman