Elmbridge Borough Council (25 015 017)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 16 Feb 2026

The Ombudsman's final decision:

Summary: We will not investigate this complaint about Ms X’s council tax account. This is because there is not enough evidence of fault by the Council to warrant investigation.

The complaint

  1. Ms X complains the Council closed her account in error for six months. She was not aware her direct debits had stopped. It then sent a large backdated bill. She says this caused her financial hardship.

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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. I also Council considered the Ombudsman’s Assessment Code.

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My assessment

  1. Ms X complained to the Council regarding the matters in paragraph 1.
  2. The Council replied it had closed her council tax account in error when it processed a change of address. The Council apologised for this. It said it has sent her a closing bill and cancelled her direct debits. It had reopened her account and sent a bill. It offered a twelve month repayment plan.
  3. Ms X remained dissatisfied and complained at stage two. She asked the Council to waive the six months council tax.
  4. The Council replied it had not closed her account due to an administrative error. It said it had received information from a reputable business and it could not have known the information was incorrect. Although the backdated bill was not Ms X’s fault, the Council said she would have been aware of the closing letter it sent and the refund it paid. It said the lack of direct debits each month and bills addressed to other parties should have alerted her to the fact she was not paying council tax. It was reasonable to expect Ms X to have contacted it earlier to resolve the issue. It refused to waive the charge but offered to consider a payment arrangement.
  5. We will not investigate this complaint because there is not enough evidence of fault by the Council to justify investigation. The Council acted based on information it received which it had no reason to question. It sent information to Ms X and it was reasonable to expect her to be aware there was an issue as her direct debts had stopped.

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Final decision

  1. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council to justify investigation.

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Investigator's decision on behalf of the Ombudsman

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