West Northamptonshire Council (24 010 910)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax payments as the matter has been remedied.
The complaint
- Ms X complains that the Council failed to deal with her Council tax discount application and sent threatening enforcement letters.
The Ombudsman’s role and powers
- 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)
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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 following a change in her circumstances, she notified that the Council that she was now solely responsible for Council tax from March 2024.
- The Council placed a payment made by Ms X into her previous joint Council tax account. Following Ms X’s representations, the Council adjusted the payment into her sole account. Ms X accepts that she made no payments whilst waiting for a decision regarding her discount.
- A Liability Order was obtained by the Council against her as no payments had been made. However, the Council apologised for failing to acknowledge her discount application. The Council waived the Liability Order and associated costs.
- I appreciate that Ms X found the process frustrating but the Council’s apology and waiving of costs is, in our view, a remedy to the matter and there are no grounds therefore to pursue the matter further. The letters from the Council complied with the law and advised her of legal rights in relation to enforcement. I do not consider this to be fault by the Council.
Final decision
- We will not investigate Ms X’s complaint because the matter has been remedied.
Investigator's decision on behalf of the Ombudsman