Westminster City Council (19 020 107)

Category : Benefits and tax > Council tax

Decision : Upheld

Decision date : 06 Apr 2020

The Ombudsman's final decision:

Summary: Mr X complains about the Council’s enforcement of a council tax debt. The Ombudsman will not investigate this complaint because the matter has been remedied.

The complaint

  1. Mr X complains about the Council’s enforcement of a council tax debt.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

  1. Mr X is a landlord and says that, when a tenant left his property he advised the Council of his address for communication. Despite this, he says the Council sent letters to the wrong address and costs were added to his council tax account.
  2. The Council says that it has no record of his new address and will only communicate by email where a direct debit is in place. The Council accepts that they should have contacted Mr X following an email. The Council has now waived the costs associated with the enforcement action and has apologised if any communication was perceived as rude.
  3. I am satisfied that the Council’s actions are a reasonable remedy to this complaint. Costs have been waived and an apology offered. I appreciate that Mr X seeks compensation but I am not persuaded that this is warranted in this case.

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Final decision

  1. I do not intend to investigate this complaint because the matter has been remedied.

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Investigator's decision on behalf of the Ombudsman

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