Summary: We will not investigate Mrs X’s complaint about the Council pursuing her for a 2019 council tax debt. There is insufficient evidence of Council fault.

The complaint

1. Mrs X complains the Council, in 2021, sent her a summons to court and obtained a liability order for a council tax debt. Mrs X says the family home was sold in 2019 and as part of the divorce settlement her former husband agreed to pay all outstanding debts. Mrs X says there has been a mistake and the Council should pursue the debt with her former husband. She says it is not fair for the Council to pursue her because she remains in this country.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

3. I considered Mrs X’s information and comments. The Council has commented and provided some correspondence with Mrs X.

Back to top

My assessment

4. I will not investigate Mrs X’s complaint because there is insufficient evidence of Council fault for the following reasons:
5. The Council is pursuing Mrs X for a council tax debt which it says arose between March and August 2019 when the property was empty and for sale. The law says owners of a property are jointly and individually liable for the tax (Local Government Finance Act 1992, section 6). This means the Council can lawfully pursue Mrs X for the unpaid council tax.
6. The Council is entitled to pursue debt recovery once it has obtained a liability order from court. On 20 May 2021, the Council wrote to Mrs X who had contacted it on receipt of the court summons. The Council explained the position and advised Mrs X on action she could take including contacting the court. The Council says it recently sent the case to an enforcement agent due to non-payment.

Back to top

Final decision

7. The Ombudsman will not investigate Mrs X’s complaint about the Council pursuing her for a 2019 council tax debt. There is insufficient evidence of Council fault.

Back to top

Investigator's decision on behalf of the Ombudsman