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:
• Is unfairly seeking a liability order; and
• Harassed him for information he had already provided.
2. A ‘liability order’ is a legal demand for payment of owed council tax.

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The Ombudsman’s role and powers

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

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How I considered this complaint

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

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My assessment

6. 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.
7. The Council agreed a payment arrangement with Mr X to clear his council tax arrears for the year 2022/23. It confirmed this by letter of 15 August 2023 with the first payment due on 31 August 2023. Mr X says he made the first payment in September 2023 as that is when he received the letter.
8. The Council sent Mr X a reminder and then a default letter as Mr X did not keep to the payment arrangement. Mr X denies receipt of these letters. However, we could not say this was due to fault by the Council.
9. The Council then warned Mr X it would seek a liability order if he did not pay the full amount due immediately.
10. 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.
11. The Council is entitled to request financial information when considering a payment arrangement to clear a debt. It explained to Mr X the information he provided previously no longer reflects his circumstances. I will not consider this matter further as I am unlikely to find fault with the Council’s actions.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman