Summary: We will not investigate this complaint about council tax arrears. This is because the Council's fault did not cause significant enough injustice. Investigation is also unlikely to lead to a significantly different outcome.

The complaint

1. Miss X complains that, after the Council changed her council tax account, it did not tell her she needed to set up a new direct debit. She says this caused her to accrue council tax arrears and suffer stress.

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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:

• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We will normally only investigate a complaint where the complainant has suffered serious loss, harm or distress as a direct result of faults or failures by an organisation.

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How I considered this complaint

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

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My assessment

6. When the other council taxpayer at Miss X’s address moved out, Miss X telephoned the Council to update her council tax details. The Council closed the old council tax account that was in joint names and opened a new account in Miss X’s name. Miss X states she was unaware she had a new account and instead believed the previous account had simply been put into her sole name. The Council acknowledges it did not tell Miss X she would need to set up a new direct debit.
7. Miss X did not realise this for several months, so arrears accrued. She says the arrears are a direct result of the Council’s lack of communication and procedural errors surrounding the change of account.
8. Miss X received two letters regarding her council tax within a few days. These letters had different account numbers, and only one referred to a direct debit being in place. Miss X reportedly did not notice the council tax payments had not left her bank account.
9. The Council’s failure to explain the need for a new direct debit did not in itself directly cause the arrears. The arrears also arose because Miss X did not check the council tax payments were leaving her bank account and because she did not act on the information in the Council’s letters. I acknowledge Miss X says she should not have had to do that and that it would have involved careful checking. Nevertheless, the Council was not at fault for expecting Miss X to ensure she was paying council tax. Therefore, we do not hold the Council directly responsible for the arrears.
10. The Council has apologised for its error and confirmed it will provide staff training. The Council is also willing to consider allowing a longer instalment period for Miss X to pay the arrears. That is the most we would have been likely to ask for if we had investigated. Miss X would like the arrears written off or reduced, but it would be disproportionate for us to ask for that.

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Final decision

11. We will not investigate Miss X’s complaint because there is not significant enough direct injustice. Investigation would be unlikely to lead to a significantly different outcome.

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Investigator's decision on behalf of the Ombudsman