Summary: We will not investigate this complaint about council tax arrears and a refund. This is because there is insufficient evidence of injustice.

The complaint

1. The complainant, Mr X, says the Council offered a £800 council tax refund but then told him it had been used to pay arrears it had already written off. Mr X wants the refund and an apology.

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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 any fault has not caused injustice to the person who complained. (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. In 2021 the Council wrote off council tax arrears of £4366 which had accrued between 2013 and 2018. The Council waived the arrears due to the length of time it would take to recover them.
5. Mr X won a benefit appeal in 2024. This meant he was entitled to more council tax reduction from July 2023. The Council initially offered a refund of £784 but then decided it would use the money to reduce council tax arrears. Mr X says this is wrong because the Council had waived the arrears.
6. I will not start an investigation because there is insufficient evidence of injustice. Mr X was entitled to an increase in his council tax reduction which generated a credit. However, Mr X has benefited from the write-off because he has not had to pay £4366 in council tax which he would normally be expected to pay. I accept the letter in October said the arrears had been written off, and the Council may wish to consider if the wording should be changed to show that, sometimes, the person might still have to make payments. However, the fact that Mr X will not get a refund of £784 is not an injustice given that he has not had to pay £4366 in council tax.

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Final decision

7. We will not investigate this complaint because there is insufficient evidence of injustice.

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Investigator's decision on behalf of the Ombudsman