Royal Borough of Kingston upon Thames (24 019 518)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 05 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a council tax billing delay as there is insufficient evidence of fault or fault causing a significant injustice to Mr X and we cannot achieve the outcome the complainant seeks.
The complaint
- Mr X complains the Council delayed in sending him a council tax bill which has resulted in him having to pay a large amount over a reduced number of instalments. Mr X wants the Council to reduce his council tax bill in recognition of this.
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 or continue an investigation if there is insufficient evidence of fault or fault causing an injustice to the complainant or we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complains he updated his details with the Council for council tax purposes in July 2024 but did not receive a response until November 2024.
- The Council says it sent Mr X a council tax bill in September 2024 and a reminder in October 2024. Its complaint response of January 2025 said it would allow Mr X to make payments to clear the debt into the new financial year, thus extending the normal instalment schedule.
- While Mr X says he did not receive a bill in September, the Council says the bill it sent was not returned as undelivered and so it could not have known Mr X had not received it.
- We will not investigate as it is unlikely we will find fault by the Council causing a significant injustice to Mr X. The indications are that the Council sent Mr X a bill in the post in September, around a month after Mr X had updated the Council with his details. If the postal service failed to deliver the bill, this does not equate to fault by the Council.
- I recognise that Mr X says a large bill is causing him financial difficulties, but it was incumbent on him to budget for council tax during the time he was waiting to be billed. In addition, even if there was clear evidence of delay by the Council, the money is still due to be paid and the most we would be likely to achieve would be to secure an extended instalment plan for Mr X. The Council has provided this outcome already. If Mr X cannot afford the instalments as suggested, then he will need to take this up with the Council.
- We cannot ask the Council to charge Mr X a reduced rate of council tax.
- For these reasons, we will not investigate.
Final decision
- We will not investigate Mr X’s complaint because it is unlikely we will find fault causing him a significant injustice and we cannot achieve the outcome he seeks.
Investigator's decision on behalf of the Ombudsman