Summary: We will not investigate this complaint about council tax arrears because there is insufficient evidence of fault causing injustice.

The complaint

1. The complainant, Mr X, complains about council tax recovery action taken by the Council. He also says the Council did not explain how to obtain a refund nor explain a £9 charge. Mr X says he was forced to make a payment to bailiffs.

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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 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

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Mr X left a property in 2021. The lettings agent said they would tell the Council. The agent also said Mr X should give the Council a forwarding address. The Council says it was not told by anyone that Mr X had left the property and it did not receive a forwarding address from Mr X. The Council continued to charge council tax because it did not know Mr X had moved. It took recovery action and the court issued a liability order in late 2021; a liability order is a court order saying the tax payer must pay the council tax and costs.
5. In January 2022 the Council found out that new tenants had moved into the property. It closed Mr X’s account from 2022 and sent a closing bill to the property; it had no forwarding address and the law says documents should be sent to the last known address. The liability order meant the Council was able to use bailiffs. Bailiffs tried to contact Mr X in 2022 but could not trace him.
6. In 2024 the Council instructed different bailiffs and asked them to recover £1355. They traced Mr X and contacted him on 21 October. Mr X rang the bailiffs on 25 October and made a payment arrangement; he paid the first instalment. He then contacted the Council and on 28 October provided proof the tenancy ended in 2021. The Council closed Mr X’s account from the end of the tenancy; this removed virtually all the arrears apart from £9.
7. Mr X called on 29 October and the Council said the bailiff action was on hold. The bailiffs passed Mr X’s payment, minus their fees, to the Council. This left the council tax account in credit. The Council told Mr X how he could claim the refund but says he has not provided the required information. If Mr X agrees, the Council can transfer the credit to his current council tax account. This would avoid the need for Mr X to provide any information.
8. Mr X says the Council could have contacted him by phone or email. He says he was forced to make a payment because he did not know if action would be suspended. He also queries a £9 charge and has highlighted that the agent said they would contact the Council.
9. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council did not know Mr X had moved so the recovery action it took was correct and he correctly incurred costs and bailiff fees. The Council also had no reason to contact him as it did not know he had left. The Council found out about the new tenants but still did not have an address for Mr X and bailiffs could not find him. Once the Council knew when Mr X left the property it quickly adjusted the final bill and offered a refund.
10. Mr X made a payment to the bailiffs before he had asked the Council for a hold and before he provided the Council with information about the end of the tenancy. Mr X did not do anything wrong in making the payment, but it does not support his complaint that he was forced to make a payment because, at that point, he had not disputed the arrears with the Council or asked for a hold. Further, if Mr X had provided a forwarding address in 2021, the Council would have known he had moved and could have contacted him.
11. Mr X complains the Council did not tell him how to obtain the refund. But the Council explained the process in the complaint responses and will now transfer the credit if Mr X prefers that option.
12. I appreciate Mr X may have thought the agent would tell the Council he had moved but the Council did not receive any information and we cannot comment on the agent’s actions.
13. Mr X has queried a charge of £9. This appears to be the outstanding charge after the Council adjusted the closing bill. Mr X may dispute this charge but a dispute over £9 does not warrant an investigation.

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Final decision

14. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman