Summary: The Ombudsman will not investigate Mr X’s complaint that the Council’s contact with him about the non-payment of council tax by a person who occupies Mr X’s property, was bullying. This is because it is unlikely we will find fault by the Council and we cannot achieve the outcome Mr X seeks.

The complaint

1. Mr X complains he has been bullied and harassed by the Council about the non-payment of council tax by a person who occupies Mr X’s property.

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The Ombudsman’s role and powers

2. 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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault, or we could add to any previous investigation by the Council, or it is unlikely further investigation will lead to a different outcome, or we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered what Mr X said in his complaint. I have written to Mr X with my draft decision and considered his comments about it.

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What I found

4. The Council contacted Mr X about a property he owns as no council tax was being paid. An officer had visited the property and as he thought it was uninhabited, he wrote to Mr X to clarify the situation and to check whether the Council’s records needed updating.
5. The officer then spoke with Mr X over the telephone. Mr X complains that the officer implied that he was responsible for ensuring the resident at Mr X’s property pay his council tax as Mr X has power of attorney for that person.
6. Mr X feels bullied and harassed by the Council and does not want to be contacted by the Council about the resident’s council tax account.
7. The Council has explained to Mr X its duty to collect council tax and that at times enquiries have to be made to establish liability.

Assessment

8. The Council has a duty to establish liability for council tax and so contacting the owner of a property would be a normal step. While Mr X is unhappy about this, I do not consider it constitutes fault by the Council.
9. We cannot ask the Council not to contact Mr X in future about the property.
10. For these reasons, we will not investigate.

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Final decision

11. My decision is that the Ombudsman should not investigate this complaint. This is because it is unlikely we will find fault by the Council and we cannot achieve the outcome Mr X seeks

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Investigator's decision on behalf of the Ombudsman