Basildon Borough Council (24 018 765)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 18 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Council tax discount because there is no evidence of fault by the Council.
The complaint
- Mr X complains that the Council sent him an incorrect bill after he moved into his property then billed him for a backdated sum.
The Ombudsman’s role and powers
- 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 or continue an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- any fault has not caused injustice to the person who complained, or
- any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X advised the Council in December 2023 that he bought a house and intended to move into it after carrying our repairs and renovation in a few weeks. The Council issued him a Council tax bill based upon a 50% empty homes discount.
- A visit to the property by a Council officer in October 2024 established that Mr X had moved in and a new backdated Council tax bill was issued.
- Mr X maintains that the information he gave in December 2023 was sufficient. However, the Council says that they were never formally told of the date that he had moved in.
- I am satisfied that there is no evidence of fault by the Council as there is no evidence that Mr X provided the actual date he moved in. Further, the bill would have advised that a discount based on its unoccupied state had been given.
Final decision
- We will not investigate Mr X’s complaint because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman