Summary: We will not exercise discretion to investigate this complaint about the Council’s recovery of for council tax arrears and a prohibition notice it served on Mr X in 2022. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council taking recovery action in the magistrates court for council tax arrears on two properties which he owned. He also complained about it serving a prohibition order on one property in 2022 which involved personal expense of carrying out the required repairs.

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The Ombudsman’s role and powers

2. 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)
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X says the Council has been pursuing him for council tax arrears for the last three years even though he has had health problems and has currently applied for universal credit. The Council obtained a liability order from the magistrates court against him in September 2022. Mr X says he is unable to meet the monthly payments required by the Council.
7. We cannot consider the debt which the council is recovering because it has been subject to court proceedings and these took place more than 12 months before Mr X complained to us. Mr X was waiting for a decision on his claim by the Department for Work and Pensions when he complained to us and the Council had suspended recovery action. When this is decided he will have to make an arrangement with the Council for any remaining arrears.
8. Mr X also owned another property for which he received a liability order and for which he was issued with a Housing Act 2004 prohibition order in June 2022. He says he had to spend a considerable amount of money repairing the property to the Council’s requirements. We cannot consider his complaint about the prohibition order because again it was more than 12 months ago and he had a right to appeal the order to the First Tier Property Tribunal if he wished to challenge it when it was issued.
9. The Council also obtained a liability order for this property for council tax arrears. When Mr X did not respond to letters sent to the address it forwarded the debt to enforcement agents. Following contact from the agents Mr X contacted the Council in December 2023 and provided details of another postal address. The Council withdrew the liability order and associated posts and issued a new bill reflecting the period when the prohibition order was in force and the property had a council tax exemption.
10. Mr X did not receive any of the earlier council tax correspondence on this address so his concern that he was being bullied and harassed is not significant because the Council issued a new bill within two days of his making contact about the matter. There is insufficient evidence of any significant injustice which would warrant further investigation.

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Final decision

11. We will not exercise discretion to investigate this complaint about the Council’s recovery of for council tax arrears and a prohibition notice it served on Mr X in 2022. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman