The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of council tax recovery. This is because there is insufficient evidence of fault by the Council to warrant an investigation.
The complaint
Mr X complains he arranged to pay council tax arrears but the Council then passed a second council tax account to enforcement agents who added fees. He says the Council had his forwarding address but did not notify him of the separate account or that enforcement agent fees would be added.
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 the Council did not notify him of council tax arrears from 2022. He says the Council sent notification letters to the wrong address. This was despite him contacting it in November 2023 and making an arrangement to pay another account. As he was not notified the enforcement agent added fees of £310. Mr X wants the fees removed and the account referred back to the Council.
The Council said the arrears were for a period ending in August 2022 It had sent bills to Mr X’s email address.
It obtained a liability order in August 2023.
Mr X’s joint tenant had then paid some of the outstanding account but stopped paying in October 2023.
it passed the account to its enforcement agent in September 2024.
it did not become aware of Mr X’s new address until late December 2024.
The Council sent letters to Mr X’s last known address as required by legislation.
There is not enough evidence of fault by the Council to justify an investigation because Mr X was aware of the arrears in 2023 and his joint tenant began payments. Mr X did not notify the Council of his new address until late 2024.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman