London Borough of Sutton (24 008 555)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 21 Oct 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s decision not to pay interest on a council tax refund paid to Mr and Mrs X. This is because the tests in our Assessment Code are not met.

The complaint

  1. Mr and Mrs X complain the Council has refused to pay them interest on a council tax refund they recently received following the re-banding of their property a number of years ago after they had left the property in question.

Back to top

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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

  1. I considered information provided by the complainants, including the Council’s response to their complaint.
  2. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

  1. Mr and Mrs X recently obtained a council tax refund for a property they had lived in previously. This came about because a subsequent owner of the property applied for the property to be re-banded by the Valuation Agency and the application resulted in all previous council tax accounts for the property being adjusted to the lower level therefore creating a credit on earlier accounts.
  2. The complainants asked the Council to pay interest on the refunded council tax but it refused. It explained there was no legal provision for it to do so. It said it had written to the last address it had for them in 2013 to advise them of the credit but that it heard nothing further. It explained it would not use its limited resources to try further to track down people in the same position as the complainants and repay a credit.
  3. While Mr and Mrs X may be disappointed with the Council’s decision not to pay interest on the refund they received, there are insufficient grounds to warrant an investigation by the Ombudsman. The Council is not obliged to pay interest in such circumstances and an investigation by the Ombudsman would not lead to a recommendation for such an outcome.

Back to top

Final decision

  1. We will not investigate Mr and Mrs X’s complaint because the tests in our Assessment Code are not met.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings