Swindon Borough Council (25 022 736)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 25 May 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about payments Ms X made for a housing benefit overpayment. This is because there is not enough evidence of fault by the Council to justify investigation.
The complaint
- Ms X complains she paid too much for council tax, because she found out it was paid off in full by 2017. However, the Council advised her she had been making payments for a housing benefit overpayment, not council tax. She says this caused her confusion and she believes her council tax account should be in credit.
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 the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X complained to the Council regarding the matters in paragraph 1.
- The Council replied that Ms X’s council tax was up to date. It said she had paid £10 per month by standing order for a housing benefit overpayment. She had paid too much and was in credit by £635 which it had refunded. It said she could contact her bank to cancel the standing order.
- There is not enough evidence of fault by the Council regarding this matter. The Council confirmed the payments Ms X had been making were paid towards a housing benefit overpayment. The Council could not stop Ms X’s standing order as that was not within its control. The Council has refunded the credit following Ms X’s query.
Final decision
- We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council to warrant investigation.
Investigator's decision on behalf of the Ombudsman