Torbay Council (25 021 692)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 06 May 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about advice Mrs X received regarding her council tax debt. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
- Mrs X complained she received incorrect advice regarding council tax debt on her account.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X complained the Council told her to enter a debt relief order and did not tell her that her partner would remain liable for the council tax debt on the account.
- The Council explained that she was given advice regarding the debt relief order and the in-depth explanation was given by the finance management company. The Council confirmed Mrs X’s partner has always been jointly responsible for the council tax.
- The evidence shows the Council has provided Mrs X with a summary of the actions taken on her account and it is in line with what we would expect. Entering the debt relief order was ultimately Mrs X’s decision; we cannot hold the Council responsible for this.
Final decision
- We will not investigate Mrs X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman