Tameside Metropolitan Borough Council (25 024 629)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 25 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of Miss Y’s council tax account because we could not add to the Council’s response and an investigation would achieve nothing further for Miss Y. There is also insufficient evidence of Miss Y suffering significant personal injustice.
The complaint
- Miss Y complains about the Council’s delays in processing her information when she notified it about changing address. She says the delays resulted in her outstanding council tax payments being unfairly inflated due to missing two payments.
- Miss Y also complains about the Council’s decision to take recovery action against her for unpaid council tax.
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, or
- any fault has not caused injustice to the person who complained, or
- any injustice is not significant enough to justify our involvement, or
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Miss Y and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss Y informed the Council in July 2025 about a change of address. She had a direct debit set up for her council tax account, however cancelled this when she moved. She submitted a new direct debit instruction when informing the Council about the change of address. The Council did not process this request until September 2025, when it issued her a new bill. The Council also set up Miss Y’s new direct debit instruction, with payments expected to be taken from October 2025.
- As Miss Y cancelled her original direct debit in July 2025, no payment was made for instalments due in August and September 2025. When the Council issued a new bill, it included the outstanding payments which increased the remaining monthly instalments for Miss Y to pay. Miss Y says this is unfair, and that the Council is at fault for delays in processing her information. The Council apologised to Miss Y for delays but said its advice to residents who move within the borough, is to continue to make payments on their existing bill until their change of address is actioned. This allows for any overpayments on an account to then be transferred to the new account at the new address, thereby enabling the resident to be up to date with their payments, and not substantially increase their monthly payments.
- I understand Miss Y feels her remaining payments were unfairly inflated. However, the non-payment over the two months when no direct debit payment was taken resulted in the remaining monthly instalments being higher. Whilst there were delays in processing, I am satisfied these delays did not cause Miss Y significant personal injustice to justify our involvement because the council tax payments were still required. Therefore, we will not investigate this part of the complaint.
- Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means 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. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
- Miss Y also complains about the Council’s decision to take recovery action against her for unpaid council tax. She says it should not have done this whilst her complaint was still ongoing. The Council explained that recovery action was initiated in line with its policy, and a summons was issued. When it became aware of Miss Y’s intentions to escalate her complaint, it withdrew the summons and placed a temporary hold on Miss Y’s account. We could not add to the Council’s response and an investigation by the Ombudsman would achieve nothing further for Miss Y. Therefore, will not investigate this part of the complaint. I am satisfied the Council remedied any injustice by withdrawing the summons and pausing recovery action whilst Miss Y’s complaint was investigated. It advised her of the date that recovery action would continue and advised Miss Y to make contact to arrange a suitable payment plan.
- The Council has a right to pursue debts it is owed. However, there are laws and regulations that control how councils collect council tax payments and how they can make people pay council tax they owe (Council Tax [Administration and Enforcement] Regulations 1992). If a Council can demonstrate it has followed the correct processes in doing this, we are unlikely to find fault in its actions.
- Miss Y has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.
Final decision
- We will not investigate Miss Y’s complaint because we could not add to the Council’s response and an investigation would achieve nothing further for Miss Y. There is also insufficient evidence of Miss Y suffering significant personal injustice. We are unlikely to find fault in the Council’s actions for part of this complaint.
Investigator's decision on behalf of the Ombudsman