Summary: We will not investigate this complaint about the Council requesting information regarding Mr X’s self-employment and refusing to reinstate his direct debit payments for council tax. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council has asked him for unnecessary information regarding his self-employment status. He also complained the Council will not reinstate his direct debit for council tax payments.

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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 or continue 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.

(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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained the Council was requesting information regarding his self-employment that was unnecessary. He was also unhappy the Council refused to reinstate his direct debit for council tax payments.
6. The Council explained it requested the information to calculate Mr X’s benefits entitlement. The Council further explained that due to Mr X’s direct debits being returned unpaid, it was its policy not to reinstate it.
7. Mr X wants us to find the Council at fault. The evidence shows the Council has requested information for valid reasons and is acting in line with its policy regarding direct debits. There is no evidence of fault on the Council’s part. An investigation would therefore be unlikely to find fault with the Council’s actions.

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Final decision

8. We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman