Luton Borough Council (24 014 724)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 29 Jan 2025

The Ombudsman's final decision:

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

The complaint

  1. The complainant, Ms X, says the Council is chasing her for council tax she has already paid and has fabricated figures. She wants a detailed breakdown.

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The Ombudsman’s role and powers

  1. 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by Ms X and the Council. This includes the complaint correspondence and a council tax breakdown. I also considered our Assessment Code.

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My assessment

  1. People must pay their council tax as stated on the bill. If they do not pay the exact amount stated on the bill, and they have arrears, then the computer system may allocate payments to the arrears.
  2. Ms X was required to pay council tax of £22 on the first of each month in 2024/25. The Council sent Ms X a breakdown of her payments which I have considered. The breakdown shows Ms X did not pay the amount that was stated on the bill and shows her payments were irregular and late. The breakdown also shows that some of the payments have been credited to arrears for 2023/24 and the balance for that year is now clear. Ms X says the Council has not credited £150 she paid in August; I have checked, and part of the payment was used for the arrears and part for this year.
  3. In response to Ms X’s complaint the Council said it had checked all the receipts she had provided and confirmed it had credited all the payments to her account. It invited her to provide evidence if she still thought there were missing payments. The Council explained that some payments had been used for arrears and it sent a new payment plan for the council tax for this year.
  4. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council responded appropriately by checking the receipts and sending a breakdown. It also invited Ms X to send evidence of any payments she still thinks are missing. There is nothing to suggest the Council has fabricated anything and, having considered the breakdown, I have not seen anything to indicate we need to start an investigation. Ms X can, however, send evidence to the Council of any payments that she does not think have been credited to the account.

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Final decision

  1. 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

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