Kirklees Metropolitan Borough Council (23 013 086)

Category : Benefits and tax > Council tax

Decision : Upheld

Decision date : 20 Dec 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s pursuit of Ms X for an unpaid council tax bill. This is because the Council has already put forward a suitable remedy in line with our approach which addresses the injustice Ms X experienced.

The complaint

  1. Ms X complained that the Council continued to pursue her for an unpaid council tax bill despite receiving information showing she had vacated the property several years earlier.

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The Ombudsman’s role and powers

  1. 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:
  • 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

  1. I considered information provided by Ms X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. In 2019 Ms X’s home was repossessed and she had to vacate the property. She notified the Council of this in early 2020.
  2. The Council responded to Ms X in April 2022 asking for further information regarding the possession. After speaking with the bank involved, the Council told Ms X it was holding her liable for outstanding council tax due to the fact the repossession did not take place until 2022. The Council also told Ms X it would apply for a liability order to recoup the outstanding council tax.
  3. Ms X continued to send information regarding the repossession and the Council eventually conceded in 2023 that it should not have pursued Ms X for the council tax. The Council offered Ms X an apology, advised that it would learn from the situation to ensure that it did not happen again and offered her a £250 financial payment.
  4. Ms X remains unhappy with the situation and has referred the matter to the Ombudsman. Where a council is at fault and this fault has caused the complainant an injustice, the Ombudsman’s focus is primarily to put things right. We do not award damages or try to punish the Council with our recommendations. The Council has suspended further action on this account and provided a satisfactory apology and financial payment. These were reasonable actions for the Council to take and are in line with the Ombudsman’s guidance on remedies.

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Final decision

  1. We will not investigate Ms X’s complaint because the Council has already put forward a suitable remedy which is line with our approach and addresses the injustice Ms X experienced.

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Investigator's decision on behalf of the Ombudsman

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