The Ombudsman's final decision
Summary: We will not investigate this complaint about outstanding council tax charges. This is because there is insufficient evidence of fault by the Council to justify an investigation.
The complaint
Mr X complains about the Council’s actions in seeking council tax for two properties he previously owned. He says the Council used enforcement agents and charged for a period after he left. He says this has caused him distress and affected his mantal health.
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.
(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 also considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Ombudsman in April 2024 about the Council handling of council tax recovery for two properties he owned. He was distressed by the enforcement agent pursuing the arrears.
In its complaint responses to Mr X the Council said: Mr X was liable for property B from March 2020 to January 2021.
As Mr X was the landlord of property B, he was liable when it was empty.
In May 2024 it asked Mr X again for evidence property B was repossessed.
It could ask the enforcement agent to arrange a reasonable payment arrangement.
Mr X made a further complaint regarding property C, and the Council’s use of enforcement agents. In April 2025 Mr X provided evidence about his eviction. The Council applied an exemption and confirmed there was nothing to pay for property C. It said it had recalled the account from its agents. However, it said the outstanding council tax for property B was £320. It says this did not include enforcement agent fees and it was willing to make a payment arrangement.
Mr X remains dissatisfied because he said property B was repossessed and the Council did not tell him about the outstanding charge. However, he cannot get evidence of the repossession for an exemption.
There is not enough evidence of fault by the Council to warrant an investigation. The Council has applied exemptions where Mr X provided evidence. It has recalled the account from its enforcement agent and is willing to make a payment arrangement with Mr X.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman