Summary: We will not investigate this complaint about the way the Council has handled the complainant’s council tax. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council has harassed and bullied him about his council tax.

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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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision.

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What I found

Council tax

4. The law says people must pay their council tax before the instalment date stated on the bill. If people pay late on more than two occasions they lose the right to pay by instalments. The Council can then demand that they pay the full amount which is due for the rest of the year. If they do not pay the Council can serve a summons and ask the magistrates for a liability order. A liability order is a court order confirming the person must pay the council tax and costs.

What happened

5. Mr X has council tax arrears for 2018. Mr X also acquired arrears in the two following years because he did not pay as billed. Mr X made some payments but he did not make them in accordance with the bill and he did not pay enough to cover his council tax liability.
6. Mr X explained he is unemployed and on benefits. He has claimed council tax reduction which has reduced his council tax. The Council has explained that it may be able to reduce or clear all his arrears through a hardship payment if Mr X returns a completed financial statement. The Council has put further recovery action on hold until April to give Mr X another chance to apply for discretionary support and submit a financial statement.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Council. I have considered the action taken by the Council in terms of issuing reminders, final notices and summonses, and it has followed the correct procedures. It has also made payment plans with Mr X and tried to avoid taking further action such as involving bailiffs. The Council has invited Mr X to apply for discretionary support and has explained that if he submits a financial statement and completes a hardship fund form then it may be able to reduce or remove the arrears.

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Final decision

8. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman