Summary: We will not investigate this complaint about a council tax refund because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, complains the Council wrongly paid a council tax refund to a third party (Mr Y). Ms X wants the Council to pay the refund to her.

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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 Ms X and the Council. This includes the complaint correspondence and information on the Council’s website. I also considered our Assessment Code.

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My assessment

4. Ms X claimed the council tax single person discount (SPD). The Council issued a new bill which included the SPD and a council tax credit. Ms X applied for a refund.
5. The Council issued part of the refund to Ms X. It paid the rest of the refund to Mr Y because he had paid that amount of the council tax on his card.
6. Ms X complained and said she is entitled to the SPD and the Council must refund the full amount of the credit to her. She said Mr Y is not entitled to the SPD.
7. In response the Council explained it had issued the refund correctly because it pays refunds to the original method of payment; Mr Y had made the payment so it must refund that amount to his card. The Council said it cannot issue a second refund for an amount it has already paid. The Council said Ms X could seek payment from Mr Y if she thinks he owes her the money. Ms X says Mr Y will not give her the money.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council’s policy is to pay refunds to the source from which the payment was made. Ms X agrees Mr Y made the payment using his card so there is no suggestion of fault in the Council paying the refund to his card. The Council is correct to say Ms X could ask Mr Y for the money if she thinks she is entitled to it.
9. The Council paid the refund in accordance with the policy so there is no reason to start an investigation.

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Final decision

10. 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