Summary: We have upheld Mr X’s complaint about the handling of his council tax account. The Council has agreed to take appropriate action to remedy the injustice to Mr X.

The complaint

1. Mr X complains the Council was slow to respond to a fraudulent council tax account being opened at his address. Mr X also complains the Council failed to follow the agreed lower repayment schedule that had been agreed. Mr X also complains of poor complaint handling.

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended).

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says a fraudulent council tax account was opened at his address causing his council tax account to be closed. As a result of this Mr X missed payments on his council tax account.
7. Mr X returned council tax letters that weren’t addressed to him to the Council. After receiving the second letter, the Council opened an investigation which resulted in Mr X’s account being reopened.
8. There is insufficient evidence of fault in the time the Council took to investigate and reopen Mr X’s account. The Council opened an investigation after the second letter was returned and I have not seen evidence of further contact from Mr X before this.
9. After Mr X’s council tax account was reopened, the Council agreed a payment plan with Mr X for the unpaid council tax from the time when his account was closed.
10. The Council accept it took a higher amount than the repayments agreed in the payment plan. We asked the Council to apologise to Mr X and provide him a small symbolic payment. The Council has agreed and will complete these actions withing four weeks.
11. We will not investigate how the Council dealt with Mr X’s complaint as it is not a good use of public resources to investigate complaints about complaint handling when we are not looking at the substantive issue.

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Final decision

12. We have upheld Mr X’s complaint. This is because the Council has agreed to take appropriate action to remedy the injustice to Mr X.

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Investigator's decision on behalf of the Ombudsman