Summary: We will not investigate this complaint about the way the Council treated the complainant after he raised issues about his council tax. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, says the Council ignored his views about council tax and showed a lack of respect. He wants an apology and for the Council to accept he will pay an amount of council tax that he can afford.

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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 complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Mr X complained to the Council objecting to paying council tax. He said he wants to cancel his council tax but, in other emails, said he will pay what he can afford. Mr X says he has not entered into a contract to pay council tax and the demands for payment are unlawful. Mr X also complained about a lack of respect and the way the Council has treated him.
5. In response, the Council explained the legislation behind council tax and signposted him to sources of support if he is struggling to pay. The Council acknowledged Mr X does not want to pay council tax but explained that is not an issue that can be dealt with as a complaint. The Council explained its complaints process and invited Mr X to provide specific details of how he has been poorly treated. Mr X did not provide details but repeated his views about council tax.
6. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council responded correctly by explaining that council tax is a tax that must be paid and this liability cannot be removed through the complaints process. It directed Mr X to sources of financial support and invited Mr X to explain how he has been mistreated or treated disrespectfully. Mr X did not provide any details so there is nothing to suggest fault in the Council’s decision not to pursue the complaint further.
7. I appreciate Mr X has strong views about council tax but there is nothing in the Council’s response to indicate we need to start an investigation. We have no power to change Mr X’s council tax or the requirement to pay.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman