Summary: We will not investigate this complaint about difficulties the complainant had setting up a new direct debit to pay his council tax. This is because there is insufficient evidence of fault causing injustice.

The complaint

1. The complainant, Mr X, complains the Council blocked his attempts to set up a new direct debit and did not tell him it had applied a block. Mr X was worried and says the situation affected his health. Mr X wants an apology and compensation.

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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:

• there is not enough evidence of fault to justify investigating, or
• 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))

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How I considered this complaint

3. I considered information provided by Mr X. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Mr X’s direct debit for his council tax failed. The Council sent a bill for payment by cash. Mr X tried to set up a new direct debit but could not do so. Mr X was worried because he did not know what he was doing wrong. Mr X contacted the Council to find out what was happening.
5. The Council replied a few days later and explained it had blocked payment by direct debit due to the failed payment. The Council said it would unblock the account once Mr X had paid the overdue council tax. Mr X now has an active direct debit.
6. In response to Mr X’s complaint, the Council explained its policy is to prevent people setting up new direct debits, without Council permission, after a failed direct debit. It does this to prevent mis-use of the direct debit system in relation to council tax. The Council said it would not be a good use of resources to tell everyone. It also said the system works well and if a person asks for a direct debit to be re-instated the Council considers whether it would be appropriate to allow it.
7. I will not start an investigation because there is insufficient evidence of fault causing injustice. This is because the Council followed its policy in relation to direct debits and provided a swift explanation when Mr X got in touch. Further, it appears Mr X still had arrears when he was trying to set-up a new direct debit and the Council removed the block after his council tax was up to date.
8. I appreciate Mr X felt worried and stressed and did not know what was happening. But, while I acknowledge this impact, it does not represent a degree of injustice which requires an investigation.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault causing injustice.

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Investigator's decision on behalf of the Ombudsman