Summary: We will not investigate this complaint that the Council discriminated against the complainant and will only let him pay his council tax by direct debit. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council will not give him a council tax payment card and will only let him by direct debit. Mr X denies he behaved inappropriately and says the Council discriminated against him because he is ex-military.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence, information about the payment options, and statements regarding Mr X's conduct. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

4. The Council offers a range of payment methods for council tax; direct debit, telephone payment, on-line payment, Paypoint and the post office.
5. Mr X visited the Council to ask for information about paying his council tax. The officer explained the options. Mr X was unhappy as he did not want to use any of the options; he wanted to use a payment card. The officer explained the Council does not offer payment cards.
6. I have read witness statements which say Mr X became abusive and would not accept what he was being told. A security guard asked Mr X to leave.
7. Mr X denies he behaved inappropriately and denies there were any witnesses to any such alleged conduct. He says the Council is discriminating against him because he is ex-military. Mr X says his military record refers to his good character.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council does not offer payment cards but there are a range of other methods Mr X can use. The Council does not require him to use direct debit. The evidence I have seen shows the Council provided Mr X with the correct information.
9. In addition, all the witness statements say Mr X displayed inappropriate conduct which included swearing. I cannot share the statements with Mr X because they are confidential to other people but I can confirm I have read and considered them. On this basis there is insufficient evidence of fault by the Council to require an investigation.
10. I have not seen any evidence of discrimination. The Council provided Mr X with appropriate information and asked him to leave because of his response. This does not represent discrimination related to Mr X’s military service.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman