Summary: We will not investigate Mr X’s complaint about the Council’s handling of his Council tax account and its decision to take enforcement action for council tax arrears from 2018. This is because there is insufficient evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council failed to notify him of Council tax arrears for a property he lived in in 2018. It then sent him a bill for the arrears in 2023, failed to respond to his queries and unfairly started enforcement action which led to additional costs being added to the account. Mr X has since paid the debt in full but wants the Council to refund the enforcement agents fees.

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The Ombudsman’s role and powers

2. 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
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. When Mr X moved out of the property in 2018, he did not tell the Council or provide a forwarding address. Mr X had accrued council tax arrears which remained unpaid and so the Council sent Mr X a court summons in October 2018. Mr X had already moved out and so did not receive this letter. The Council applied to the court and obtained a liability order, giving it the legal power to take enforcement action against Mr X for the money owed.
6. In June 2023 the Council completed checks which identified Mr X’s current address. It sent him a letter detailing the arrears and stating that if he did not pay the debt, the Council may decide to start enforcement action. Mr X did not pay the bill or contact the Council within two weeks and so the Council passed the case to an enforcement agency to recover the debt.
7. We will not investigate this complaint as there is insufficient evidence of fault in the Council’s actions. Although it is unfortunate Mr X did not receive the letter in October 2018, this is not Council fault as it was his responsibility to tell the Council he had moved and to provide a forwarding address. Once the court grants a liability order, the Council has the legal power to take enforcement action to recover the debt. There is no set time limit for it to do this and so we cannot criticise the Council for any delay.
8. After the Council wrote to Mr X in June 2023, it waited two weeks before instructing its enforcement agent. This is in line with the regulations. There is no evidence of fault in how the enforcement agent has applied fees. Mr X has now paid the debt and discharged his liability. Given there is no evidence of fault in the Council’s actions, we could not ask it to refund Mr X the enforcement agents fees.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman