Summary: We will not investigate this complaint about a council tax refund because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council issued a council tax refund and then removed it. He wants the exemption and a refund.

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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. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

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My assessment

4. Mr X is a tenant. In January 2021 he told the Council he had temporarily moved out of his home in October while repairs were done. The Council closed Mr X’s council tax account from October to 31 March and issued a refund of £775. The Council tried to make the landlord liable for the council tax but this was resisted because Mr X’s tenancy continued. The Council re-opened Mr X’s council tax account from 14 October. Mr X moved back to the property on 16 March.
5. Although Mr X was liable for the council tax for the period he was away, the Council awarded a discretionary exemption for the whole period (14 October to 15 March). This means he was not liable for the council tax for the period he was unable to live in the property.
6. Since then there have been other changes to Mr X’s council tax because he was awarded Council Tax Support from May to August.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council had to reverse the initial refund decision because it had to re-open the account. But, it then awarded a full council tax exemption for the period Mr X was away. I appreciate the bills may look confusing because there have been changes due to the Council Tax Support, but there is nothing to suggest Mr X’s council tax is wrong or that we need to start an investigation.

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Final decision

8. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman