Summary: We will not investigate this complaint about the way the Council dealt with council tax for a property the complainant rents to tenants. This is because there is insufficient evidence of fault by the Council and because the Council has cancelled the court costs.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council took him to court for council tax arrears despite failing to send the bills and reminders to the correct address. Mr X wants the Council to withdraw the liability order and pay compensation.

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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, or
• the Council has already provided a fair response.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence. I considered our Assessment Code and invited Mr X to comment on a draft of this decision.

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My assessment

4. In late 2019 a tenant left a property owed by Mr X. In January 2020 the Council issued a council tax bill to Mr X. It sent the bill to Mr X’s agent. The Council then issued other documents, including a court summons; all the documents were sent to the address the Council held for the agent. The court issued a liability order in 2021.
5. Later in 2021 some post was returned from the agent’s address. The Council did a trace and found Mr X’s home address. It notified Mr X of the council tax and costs in November. Mr X paid and complained.
6. Mr X said he only found out about the council tax in November. He explained the agent had moved ten years ago and notified the Council. Mr X referred to another property he owns where the Council had written to the agent at the new address in 2015.
7. In response the Council said it did not have the new address in relation to this property. It explained it sent all the letters to the address it held for Mr X (via the agent) and, as no post was returned until 2021, it did not know Mr X was unaware of the council tax. However, it noted Mr X has a history of prompt payment and accepted he was unaware of the council tax until November. It said it had followed the correct process but it cancelled the court costs as it accepted Mr X would have paid promptly if he had received the bill. The Council declined to pay compensation and explained liability orders do not affect credit ratings.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. It sent the documents it was required to send for the address it held in relation to this property and the agent. It had the new address for a different property but this would not have been linked to this property. The agent, and/or Mr X, would have needed to have specifically provided the new address in relation to this property. Further, as no letters were returned until after the court had issued the liability order, the Council could not know Mr X was unaware of the arrears. It followed the correct process which led to a liability order.
9. Mr X knew the property was empty and that he was liable for council tax and either he or the agent could have contacted the Council to query why no bill had been issued. Even though there was no suggestion of fault, the Council cancelled the costs. This does not mean the Council did anything wrong or that there are grounds to start an investigation.

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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 the Council has cancelled the costs.

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Investigator's decision on behalf of the Ombudsman