Summary: We will not investigate this complaint about the Council’s actions regarding Miss X’s council tax account. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Miss X complained about the Council making changes to her council tax account and her council tax reduction claim. She says she was sent a bill for payments she did not owe and had an instalment withdrawn from her bank account which was unaffordable.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

5. I considered the information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X says she changed from housing benefit and council tax reduction claims to universal credit in November 2022 when she started working. The Council suspended her benefits until it received details of her universal credit. The Council extended her housing benefit payment until December when the Department for Work and Pensions (DWP) informed it of Miss X’s universal credit award and her income. Because her income was higher she no longer qualified for council tax reduction on her account.
8. When someone has a had a change in their circumstances the council as billing authority must issue an amended council tax bill for the remainder of the financial year based on the new income. The Council sent Miss X a bill up to March 2023 which was split into three payments of £124.33, which was higher than before. Because she had a direct debit arrangement in place the first payment was taken for the new amount shortly afterwards.
9. Miss X says she was shocked by the amount taken and the remaining tax bill for the year. She complained about it to the Council. Subsequently her financial circumstances changed again. When the Council was informed about the change by the DWP her council tax reduction was re-instated.
10. There is no evidence of fault in the Council’s actions in managing Miss X’s account. It is a requirement of the council tax regulations that the authority should issue new bills for the remaining balance if someone’s circumstances change which affects the amount they owe. The Council had contacted Miss X when her benefit was initially suspended following the DWP notification and it correctly informed her about what was happening.
11. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether you disagree with the decision the organisation made.

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Final decision

12. We will not investigate this complaint about the Council’s actions regarding Miss X’s council tax account. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman