Summary: We will not investigate this complaint about council tax repayment. There is not enough evidence of fault to warrant investigation.

The complaint

1. Mr X complains on behalf of Miss Y. Mr X complains the Council has set an unaffordable instalment plan for Miss Y’s council tax arrears. Mr X says the plan used inaccurate information and has caused Miss X distress. Mr X wants the Council to agree to a lower repayment instalment plan or reduce the arrears.
2. Mr X also complains about the Council’s handling of his complaint.

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The Ombudsman’s role and powers

3. 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))

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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.
6. I considered the relevant best practice guidance.

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My assessment

7. Miss Y is in council tax arrears. The Council has a duty to recover tax and has the discretion to decide what sort of repayment arrangement it accepts to recover tax. There is no cap on how high a Council can set an instalment plan, and Councils can seek full repayment if a person misses instalments.
8. The Council decided to set an instalment plan to recover Miss Y’s council tax arrears. Miss Y sent an income and expenditure form (I/E form) to the Council, and the Council used that information to set the plan at a monthly rate it considered affordable. Mr X disputes the rate is affordable and says the I/E form information was inaccurate. The Council has explained its reasons for the repayment rate and has invited Miss Y to resubmit her I/E form with supporting evidence of her expenses. I have considered the Council’s reasoning and am satisfied the Council has shown it considered Miss Y’s circumstances. I am also satisfied the Council is willing to review the plan if it receives new information. We are unlikely to find fault with the Council for how it decided the repayment rate.
9. In response to missed instalment payments, the Council could demand full debt repayment. Instead, the Council has sent repayment reminders, with another invitation to send an I/E form and has advised Miss Y on how to ask for a discretionary reduction. We are unlikely to find fault with the Council for how it has managed Miss Y’s council tax arrears.
10. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to investigate the substantive issue.

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Final decision

11. We will not investigate Mr X’s complaint on Miss Y’s behalf because we are unlikely to find fault with the Council.

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Investigator's decision on behalf of the Ombudsman