West Northamptonshire Council (24 013 383)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 15 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about charges the complainant says he incurred after the Council took double the amount of council tax. This is because there is insufficient evidence of fault by the Council.
The complaint
- The complainant, Mr X, says the Council took double the usual amount of council tax. He says he could not buy his shopping and incurred bank charges. Mr X wants compensation.
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 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))
How I considered this complaint
- I considered information provided by Mr X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code.
My assessment
- The bank did not honour Mr X’s council tax payment in June. I do not know the reason for this.
- The Council took double the amount of council tax in July, to cover the outstanding payment from June, but it did not give Mr X advance notice of the increased payment.
- Mr X complained to the Council that he had to take out a payday loan and incurred a financial loss.
- The Council apologised for not giving advance notice of the increased payment. It invited Mr X to provide evidence of any financial loss, caused by the payment, so it can consider paying compensation.
- The Council told me Mr X has not provided evidence of any losses.
- I will not start an investigation because there is insufficient evidence of fault by the Council. The Council responded appropriately by apologising for the lack of notice and offering to compensate Mr X for his losses after he provides evidence. The Council has been unable to progress this any further because Mr X has not provided any evidence. It would not be appropriate for us to start an investigation when Mr X has not provided the evidence so the Council can consider his claim for compensation.
- Mr X also complains the Council delayed responding to his complaint. I recognise this may have been frustrating, but it is not a matter that requires an investigation.
Final decision
- We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman