Summary: Mr C complains about the way the Council dealt with his council tax account and says he had to pay a large sum to release his clamped car and spent unnecessary time and trouble in trying to resolve the matter. The Ombudsman has found fault by the Council as it failed to tell Mr C about his right of appeal or respond to his complaint. However, the Ombudsman considers the agreed actions of an apology, £100 and the Council to consider Mr C’s information to reach a new decision on his liability with an associated right of appeal provide a suitable remedy.

The complaint

1. The complainant, whom I shall refer to as Mr C, complains the Council wrongly obtained a liability order against him for £2922.16 in unpaid council tax for the period 2016 to 2018. Mr C disputes his liability for 2016 and 2017 as he says the property’s tenants were liable. Mr C also disputes liability for 2018 as the Council has held him liable for the whole year despite him telling the Council he sold the property on 25 April 2018. Mr C also complains the Council did not advise him of his right of appeal to the Valuation Tribunal or respond to his formal complaint made in December 2018.
2. Mr C says because of the Council’s fault, he has had to pay £2922.16 to release his car which the Council’s agents had clamped and spend unnecessary time and trouble in trying to resolve the matter.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
5. 
   The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
6. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

7. I read the papers provided by Mr C and discussed the complaint with him. I have considered some information from the Council and provided a copy of this to Mr C. I have explained my draft decision to Mr C and the Council and provided an opportunity for comment.

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What I found

8. The Council has provided details of the history of Mr C’s account including the issuing of a liability order in June 2018 for £2,922.16 for council tax charges for the periods 2016 – 2017 and 2018. The Council’s enforcement agents visited Mr C’s property in December 2018 to enforce the debt which he paid in full to avoid his car being removed.
9. Mr C complained to the Council on 11 December 2018 about the above recovery action as he disputed his liability. In particular, Mr C stated he had sold the property in April 2018 and provided information from the land registry.
10. The Council emailed Mr C on 27 June 2019 and suggeted a response to his complaint was attached. Mr C emailed the Council the same day to point out there was no attachment to its email. The Council has not been able to provide the Ombudsman with a copy of its response to Mr C’s December 2018 complaint. Mr C says he did not receive a response. On balance I consider the Council did not respond to Mr C’s complaint or certainly has failed to maintain a proper record which is fault.
11. The Ombudsman cannot decide Mr C’s liability. However, Mr C says he was not made aware of his right of appeal. The Council has confirmed it cannot provide evidence that it notified Mr C of his right of appeal to the Valuation Tribunal Service. On balance, I consider the Council did not do so which is a significant fault or certainly failed to keep an adequate record which would also be fault.
12. The Council has suggested in its response it is wiling to consider Mr C’s evidence and amend his account as appropriate and offer some compensation for its failure to respond to his complaint. The Ombudsman welcomes the Council’s proposals which I consider, with the additional actions below, would provide a suitable remedy.

Agreed action

13. The Council has agreed the following actions:
1. to apologise to Mr C for its failure to notify him of his right of appeal or respond to his complaint and pay him £100 to acknowledge his time and trouble within one month of my final decision;
2. write to Mr C within one month of my decision to confirm the evidence it requires in relation to his 2016 – 2017 liability about the property being tenanted and his 2018 liability about the sale of his property;
3. consider Mr C’s evidence and reach a decision on his liability for these periods with any appropriate amendment to his account(s) within one month of receipt;
4. ensure any new decision provided to Mr C contains a right of appeal to the Valuation Tribunal Service;
5. review its procedures within three months of my decision to ensure all relevant correspondence contains a notification of the right of appeal to the Valuation Tribunal Service; and
6. review its procedures within three months of my decision to ensure all complaints receive a response in accordance with the Council’s complaints procedure.

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Final decision

14. I have completed my investigation as there was fault by the Council but I am satisfied the agreed actions above are enough to provide a suitable remedy.

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Investigator's decision on behalf of the Ombudsman