Summary: We will not investigate this complaint about the way the Council has handled the complainant’s council tax. This is because there is insufficient evidence of fault by the Council and because part of the complaint is late.

The complaint

1. The complainant, whom I refer to as Mr X, complains about the way the Council has handled his council tax.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. 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)

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How I considered this complaint

4. I considered information provided by Mr X and the Council. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

5. Mr X has council tax arrears for most years since 2014. In May 2021 the Council warned Mr X that he needed to pay £2280, or make a payment plan, to stop recovery action. It asked him to pay his council tax as billed and by the correct date. The Council explained to Mr X he had not been entitled to council tax support in 2012 but had been receiving it since 2017.
6. Mr X did not pay the arrears or make a payment plan so the Council involved bailiffs.
7. Mr X has made many complaints. He says there have been many errors over a number of years and the errors are linked. Mr X has not provided details of the errors. Mr X also says the Council treats him badly because he is a former employee who took the Council to an employment tribunal. He says he is targeted by many Council departments. He says the Council should award benefit from 2012 and use its discretion to write off the arrears. He also wants the Council to suspend the recovery action.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. Mr X has arrears stretching back to 2014. The law allows councils to use bailiffs but the Council only did this after giving Mr X a chance to make a payment plan. It explained what Mr X needed to do to prevent further problems with his account and said he has been receiving benefit since 2017. Councils have discretionary powers to reduce council tax but I have not seen any evidence that Mr X made a formal application for discretionary relief. If he did make an application then it would be for the Council to decide whether to accept it. There is nothing to suggest the Council is treating Mr X badly because he is an ex-employee and Mr X has not provided any evidence of fault or errors by the Council.
9. I also will not start an investigation because parts of the complaint are late. Mr X has complained about various issues since 2012, including an absence of council tax support until 2017. The law says people should complain to us within 12 months of becoming aware of an issue and I have not seen any good reason to investigate matters from ten years ago.

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Final decision

10. I will not investigate this complaint because there is insufficient evidence of fault by the Council and because part of the complaint is late.

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Investigator's decision on behalf of the Ombudsman