Newcastle upon Tyne City Council (19 015 023)
The Ombudsman's final decision:
Summary: Mr X complains about the way the Council has pursued him for payment of Council tax. The Ombudsman will not investigate this complaint because the matter has been settled to the Ombudsman’s satisfaction.
The complaint
- Mr X complains about the way the Council has pursued him for payment of Council tax.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I have considered the comments of the complainant and the Council and the complainant has had an opportunity to comment on the draft decision.,
What I found
- Mr X was a student who was in arrears at the beginning of the 2018/9 Council tax period. He had an arrangement to pay the Council tax. He says he believed his arrangement covered both present year payments and the previous year’s arrears. However, his student status ended in September 2019 which increased his Council tax bill.
- A summons was issued by the Council in November as Mr X had not responded (he says he did not receive the summons). Mr X contacted the Council.
- The Council accept that it should have set up a Direct Debit when Mr X’s circumstances changed. It also accepts that a text threatening enforcement action as sent to him by mistake.
- The Council has therefore agreed to waive the legal costs of enforcement and spread out the repayments of the arrears beyond March 2020 to enable him to budget for the bill.
- I am satisfied that the Council’s settlement is a reasonable remedy to the complaint itself. The Ombudsman would not seek any further remedy if he were to investigate the matter.
Investigator's decision on behalf of the Ombudsman