The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council pursuing Mr X for unpaid council tax on several occasions. This is because parts of the complaint are out on time. An investigation into the remaining parts would be unlikely to result in a different outcome.
The complaint
Mr X complained the Council has wrongly pursued him for unpaid council tax between 2018 and the present date.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained the Council has wrongly pursued him for unpaid council tax on several occasions between 2018 and the present date.
The Council apologised and explained its actions. The Council confirmed it had withdrawn all recovery costs and enforcement proceedings. The Council also offered Mr X £100 as a goodwill award.
Mr X is unhappy with the Council’s actions and wants us to find the Council at fault. The Ombudsman will not usually exercise discretion to investigate complaints regarding events that took place more than 12 months prior to the complainant approaching us. It would have been reasonable for Mr X to contact us regarding the earlier complaints much sooner.
The remaining aspects of the complaint that are not late have been investigated by the Council. The Council has apologised for the shortfalls Mr X experienced and provided a proportionate goodwill award. This is what we would expect the Council to do. An investigation would be unlikely to result in a different outcome.
Final decision
We will not investigate Mr X’s complaint because parts of the complaint are out on time. An investigation into the remaining parts of the complaint would be unlikely to result in a different outcome.
Investigator's decision on behalf of the Ombudsman