Summary: We will not investigate this complaint about council tax account administration as the injustice caused to the complainant is not sufficient to warrant our further involvement.

The complaint

1. Miss X complains she accrued council tax arrears due to a delay in the Council acting on her address change information and in her new home being banded. Miss X also complains the Council failed to take account of her disability and delayed in responding to her complaint. Miss X seeks a formal recognition of fault by the Council, an apology, and a write-off of the council tax owed or compensation.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 it is unlikely we will find fault or we decide any fault has not caused significant injustice to the person who complained (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.

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Background

6. In its complaint responses to Miss X, the Council acknowledged it had failed to act on information she had provided to it about her change of address until Miss X contacted it again seven months later for an update. At this point, the Council told Miss X how she could make council tax payments while her property was given a council tax band by the Valuation Office Agency (VOA). The Council said the VOA informed it of the band for Miss X’s property around eight months later. A bill was issued at this point, and a payment arrangement was set up with Miss X to clear the arrears.
7. Miss X complained to the Council around this time, explaining that she has a disability which causes considerable distress and overwhelm and that the Council’s mishandling of the matter had severely affected her mental wellbeing.
8. The Council provided a timely first response but delayed in providing a second stage response by around three months.
9. In its second stage response, the Council apologised for the delay in providing the response and the way in which it had dealt with Miss X’s Council tax account. It also apologised for not fully considering Miss X’s disability in the way it had communicated with her. The Council advised it had taken steps internally to address these issues.

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My assessment

10. While Miss X was unable to make council tax payments for several months when the Council did not properly act on her change of address information, Miss X was aware council tax payments would need to be paid and could have put money aside herself each month in anticipation of this, thus reducing the impact of the bill, once it was issued. As such, while I recognise Miss X remains unhappy about what took place, I do not consider any Council fault in this regard caused her a serious injustice.
11. The Council cannot be held responsible for the time taken by the VOA to assign Miss X’s property with a council tax band.
12. In her complaint to the Council, Miss X explained about her disability. In response the Council offered her a single point of contact to assist or asked if she would like to be referred to its Social Prescribing Service, a support and guidance service. It seems unlikely therefore that any further investigation by us would identify significant fault by the Council in this regard. Additionally, we cannot achieve the outcome Miss X seeks, that is, a ruling on whether the Council failed to meet its duty under the Equality Act, as ultimately only a court can make such a determination.
13. I recognise that Miss X was further impacted by some delay in the final complaint response being provided, but again, I do not consider this represents a level of injustice so serious that our further involvement would be warranted. We have limited resources and must use them carefully and in the public interest.
14. For these reasons, we will not investigate.

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Final decision

15. We will not investigate Miss X’s complaint because it is unlikely we will find Council fault caused her a significant injustice.

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Investigator's decision on behalf of the Ombudsman