Sefton Metropolitan Borough Council (24 021 958)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 13 Apr 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about how a Council dealt with overpaid Council Tax. It is unlikely we would find fault.
The complaint
- Mr X says the Council should have paid overpaid Council Tax to him.
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 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 which includes the Council’s reply to him.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X separated from his partner, moving out of the family home. The Council Tax account closed which had been in joint names and his expartner opened a new one. The Council transferred the Council Tax which had been overpaid to the new account. Mr X says the Council should have split the amount in half and paid him half. The Council says the payments had been made from a joint bank account and not half from Mr X’s own account.
- The Local Government Finance Act 1992 section 6(4) says joint freeholders, leaseholders, tenants, licensees, squatters and owners – are jointly and severally liable. Married couples are also jointly and severally liable. This means each of them are each responsible for paying the whole charge. There is no "my half and their half" – if one leaves and the joint bill is unpaid a council can pursue either of them for the remaining debt.
- We are unlikely to find fault in the Council’s actions.
Final decision
- We will not investigate Mr X’s complaint because it is unlikely we would find fault.
Investigator's decision on behalf of the Ombudsman