Summary: We will not investigate this complaint about the Council’s handling of Mr X’s council tax arrears. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complains the Council:
• Unfairly sought liability orders since 2020;
• Did not grant his application to waive his council tax arrears; and
• Added unreasonable court fees to his liability order.
2. Mr X also complains about the subject access request he requested from court.
3. A ‘liability order’ is a legal demand for payment of owed council tax.
4. A ‘subject access request’ is a request for all personal data held by an organisation.

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The Ombudsman’s role and powers

5. 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, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

6. 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)
7. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
8. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

9. I considered information provided by Mr X and the Council.
10. I considered the Ombudsman’s Assessment Code.

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My assessment

11. A council should send at least one reminder for payment before demanding a debt is paid in full. If payment is still not made it may then seek a liability order.
12. Mr X complains the Council has wrongly sought liability orders since 2020. I will only consider liability orders made in the 12 months since August 2022 as matters before this are late complaints and there is no good reason to investigate now.
13. The Council agreed a payment arrangement with Mr X to clear his council tax arrears for the years 2022/23 and 2023/24. The Council sent him two reminder letters in July 2022 and then a default letter in August 2022 as Mr X did not keep to the payment arrangement.
14. The Council sent Mr X another reminder letter for council tax payment in December 2023. After receiving the reminder letter Mr X made an application for a discretionary payment and requested the Council waive his council tax. The Council declined Mr X’s application. It sent a default letter in January 2024 as Mr X did not keep to the payment arrangement.
15. On both occasions the Council warned Mr X it would seek a liability order if he did not pay the amount due immediately. The Council followed the correct steps before considering a liability order. There is not enough evidence of fault in the Council’s actions for us to investigate.
16. It is reasonable for Mr X to use his right of appeal to the Valuation Tribunal about the Council’s decision not to grant a discretionary discount.
17. Mr X could have raised his complaint about unreasonable court fees in court, and therefore I will not consider this matter further.
18. Mr X’s complaint about the result of his subject access request he requested from court are matters for the court. We have no remit to consider complaints about the court.

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Final decision

19. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman