Torbay Council (24 011 889)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 13 Nov 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about Council tax payments because the matter has been remedied and part of the complaint is out of time.

The complaint

  1. Mr X complains that the Council has failed to deal properly with his Council tax payments which has resulted in costs and stress.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
  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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X says that the Council delayed sending him a Council tax bill which led to arrears in 2021. Since then, the Council has added costs where arrears continued.
  2. The Council has provided a detailed explanation of payments and costs but has apologised for failing to provide an explanation relating to the energy rebate payment. The Council has offered compensation of £100 and removed costs £85 and removed the bill from the bailiffs.
  3. The matters relating to the bills and payment in 2021 and 2022 are out of time as I see no reason why the complaint could not have been made within 12 months.
  4. The Council has satisfactorily remedied the complaint about its explanation of the bills and payments, and I see no grounds to pursue the complaint further.

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Final decision

  1. We will not investigate Mr X’s complaint because the matter is out of time and has been remedied.

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Investigator's decision on behalf of the Ombudsman

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