Sefton Metropolitan Borough Council (24 021 271)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 10 Apr 2025

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint that the Council delayed reinstating his sole occupier discount on his council tax. There is not enough evidence of fault.

The complaint

  1. Mr X complains the Council incorrectly removed his sole occupier discount on his council tax then delayed reinstating it. He says that, due to the requirements of his work, he is unable to remain at home to receive post from the Council about any changes to his council tax bill.

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The Ombudsman’s role and powers

  1. 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 we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council carried out a review of taxpayers eligible for sole occupier discounts in line with its legal duties. This included writing to taxpayers asking them to confirm they remained the single occupier.
  2. In January 2025, the Council removed Mr X’s sole occupier discount. This was because Mr X had not responded to several letters from it and a third party asking him to confirm he was still the only occupier of his property. There is not enough evidence of fault to justify an investigation.
  3. On 18 January 2025, the Council sent Mr X a bill with the discount removed and giving notice that payment would be taken by direct debit on 5 February 2025. This is in line with its legal obligations.
  4. Mr X contacted the Council on 31 January to update it that he remained the sole occupier. The Council corrected its records on 17 February and confirmed it would provide a refund within ten days. There is not enough evidence of fault to justify an investigation.
  5. I note Mr X wanted the Council to correct its records more quickly and before the direct debit payment was taken. However, the Council did not unduly delay; it remains there is not enough evidence of fault.

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Final decision

  1. We will not investigate Mr X’s complaint that the Council delayed reinstating his sole occupier discount on his council tax. This is because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman

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