Summary: We will not investigate this complaint about the Council’s handling of Ms X’s garage rent arrears. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Ms X complains the Council did not advise her of any arrears on her garage rent account despite having contacted her previously at her new address. She says it retrospectively invoiced her and has kept money she overpaid and placed the payments against her arrears.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council, including its response to the complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In February 2021 Ms X cleared arrears on her garage rent account. In April 2021 she went back into arrears. While the Council contacted her each year to inform her of the increase in the garage rent charge at the address it held for her at the time, it did not contact her about the arrears until November 2023.
6. Ms X informed the Council of her change of address on 14 March 2022. Prior to this date the garage rent increase letters had been sent to her previous address and after this date to her new address. While the Council did not contact her about her arrears until November 2023, Ms X had been informed of the increase in charges at the addresses it held for her at the time and it was her responsibility to ensure payment of the full amount. That the Council did not contact her about the arrears until November 2023 is not evidence of fault by the Council sufficient to warrant an investigation.
7. The Council has explained that arrears on garage rent accounts are generally of lower priority and worked less frequently compared to other tenancy types and while there was a delay in it contacting Ms X about the arrears, the debt was still owed and it was entitled to use money paid by Ms X to clear or reduce her arrears.

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Final decision

8. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman