East Staffordshire Borough Council (25 027 723)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 26 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a council tax refund. This is because there is not enough evidence of fault by the Council to warrant investigation.
The complaint
- Mr X says the Council wrongly refunded council tax from his late mother’s account to a different relative. He says he had made the council tax payments and did not advise the Council to pay his relative as it suggested.
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. I also considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council regarding the matters in paragraph 1.
- The Council replied that Mr X had advised it his relative was a joint executor and was dealing with all probate matters.. The Council said:
- It could refund any credit to either joint executor.
- The relative was shown as a joint executor on the Grant of Probate
- It was not aware that Mr X had paid the council tax as this was not shown when payment is made by cheque.
- It acted on Mr X’s last instruction that the relative was dealing with probate.
- How each executor divided responsibilities or distributed funds was not a matter for the Council to determine.
- We will not investigation this complaint because the is not enough evidence of fault by the Council to warrant investigation. The Council has explained that it can refund to either executor. It was not aware that payments were made by Mr X.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman