The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council pursuing Mr X for a council tax debt from 2012. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
The complaint
Mr X complained about the Council pursuing him for a council tax debt which it obtained a liability order for in 2012. He says he was contacted in 2021 and believed the debt had lapsed. He says the Council should cancel the debt and pay him compensation.
The Ombudsman’s role and powers
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) We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
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 received a notice from the Council in January 2021 informing him that he owed unpaid council tax from 2012 which is when it obtained a liability order from the Magistrates Court for the debt. The Council sent him a further notice in 2015 but says he did not make any arrangement to pay. Mr X did not pay the 14-day notice in 2021 and so the Council sent it to enforcement agents for collection later that year.
Mr X says he was unaware the debt was still outstanding and it was unreasonable for the Council to pursue it after so long. There is no statute of limitations for council tax recovery and the Council carried out a review of historic debts which had not been paid following court action.
We cannot investigate complaints about what took place in court and the liability order was obtained in 2012 so we would have been unable to investigate even had Mr X complained to us within 12 months of the court action. Mr X also complained that the Council has failed to send him a copy of the liability order which eh requested recently. The Council has advised him to contact the Magistrates Court which listed the order because that body keeps the records of liability orders which it has stamped for a council to take recovery action.
Final decision
We will not exercise discretion to investigate this complaint about the Council pursuing Mr X for a council tax debt from 2012. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman