The complaint
Mr X complains the Council has failed to enforce liability orders for over 20 years which has now resulted in financial hardship.
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, It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
Mr X made a complaint to the Council in February 2024 after receiving council tax bills from more than 20 years ago. He says he was unaware of any arrears previously.
The Council responded to Mr X and explained that numerous notices had been issued, including instructing enforcement agents without success. Mr X had arrears from 2002 to 2014.
I will not start an investigation because there is insufficient evidence of fault. Over the years the Council has tried to recover the arrears without success. At one point it considered committal to prison proceedings for non-payment and Mr X has had opportunity to raise any queries. The liability orders were obtained within the prescribed six-year time limit and remain valid. Further, there is evidence to suggest a poor payment history and the annual council tax bills issued to Mr X referred to the arrears.
Final decision
We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault causing injustice.
Investigator's decision on behalf of the Ombudsman