Summary: We will not investigate this complaint a council tax delay because there is insufficient evidence of injustice.

The complaint

1. The complainant, Mr X, complains the Council did not respond in a reasonable time to a council tax notification, leading to stress and inconvenience. Mr X says this caused mental health problems and he wants compensation of £100.

Back to top

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, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council. I also considered our Assessment Code.

Back to top

My assessment

4. In September Mr X notified the Council that tenants would be moving into a property he owns. Mr X was not liable for the council tax for the property from 28 September.
5. The Council sent Mr X a reminder for council tax of £333 in November and a few days later set up an account for the tenants from 28 September. The Council sent Mr X a closing e-bill for £274 which reflected his liability from June to 27 September. Mr X says he did not get the bill because it was sent as an e-bill which the Council knew he could not receive because the council tax is in a company name.
6. Mr X complained after he received the reminder in November. Mr X asked for compensation of £100 for his stress and inconvenience. The Council replied in December and said there had been a short delay in processing his email from September. The reply explained he owed council tax of £274 and asked for immediate payment. Mr X did not pay so the Council issued a reminder.
7. Mr X escalated his complaint. He referred to the outstanding council tax and said the Council had not explained how it had been calculated. In reply, the Council apologised because the delay in processing the September email was longer than previously admitted. It said the first complaint response had explained what he needed to pay and the reminder was issued because he did not pay. The Council declined to pay compensation. The Council explained it had installed new software to improve council tax processing and facilitate e-billing for companies.
8. There was some delay by the Council, and it may have incorrectly sent the closing bill by email. However, the impact is not such that we need to start an investigation.
9. I appreciate Mr X may have felt stressed when he received the reminder but, as a landlord of a number of properties, it is reasonable to expect he would have known the liability would be transferred to the new tenants and he did not owe £333. In addition, while Mr X says he did not get the closing bill, he was aware of the amount because he referred to it in the stage two complaint and he was aware he needed to make an immediate payment. Again, I acknowledge Mr X’s distress when he received the second reminder, but it was correctly issued because he did not pay the final amount.
10. Overall, whilst there have been some failings by the Council, there is insufficient evidence of injustice to require an investigation.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman