The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s recovery of a council tax debt. This is because there is not enough evidence of fault.
The complaint
Miss X is jointly liable for a council tax debt with a former co-tenant. She complains about the Council recovering the full debt amount from her even though she believes she has already paid her share. She also complains the Council did not properly consider her vulnerabilities in the recovery action.
Miss X says the enforcement action has caused her distress and anxiety. She wants the Council to stop recovery action against her and pursue the outstanding amount from her former co-tenant.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Miss X.
I considered the Ombudsman’s Assessment Code.
My assessment
The law says that joint tenants are jointly and severally liable for council tax. This means each of them is responsible for paying the whole charge. There is no "my half and their half." If the joint bill is unpaid a council can pursue either of liable people for the whole of the debt.
As Miss X was a joint tenant, the Council can pursue her for the outstanding debt amount. There is not enough evidence of fault in the Council’s recovery action to justify us investigating. I realise Miss X considers this disproportionate, but that does not enable us to find fault with the Council.
Consideration of vulnerabilities The evidence I have seen shows the Council recorded Miss X’s vulnerabilities, offered her a long-term payment plan for part of the debt and paused recovery action for one month. The Council said Miss X can make a payment arrangement with its enforcement agent about the rest of the debt. It also said its enforcement agent’s welfare team will handle any further contact the enforcement agent might need to have with Miss X regarding the rest of the debt. I am satisfied the Council made reasonable adjustments in response to Miss X’s vulnerabilities. There is not enough evidence of fault to justify us investigating.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman