Summary: We will not investigate Mr X’s complaint about council tax payments. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council pursuing him for council tax payments when he is unable to return to the country from Pakistan because it was placed on the government’s red list for returnees from April 2021. He says the Council should suspend his council tax payments until he is able to return to his home.

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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X says he is unable to pay his council tax instalments because he cannot afford to return from Pakistan since it was placed on the government’s red list for entry to the UK.
6. The Council told him that he remains liable for the payments because his UK home is his main residence and he would have to pay the instalments whether he was away from the country or not, as other householders abroad have to. Mr X says he has no bank card with him or any bank details so he is unable to pay by the alternative online methods suggested, such as bank transfer, direct debit or payment apps.
7. He asked the Council to consider an exemption until he can return but the Council says there is no exemption available for this situation and he would have been required to make arrangements to pay his instalments prior to leaving the country. The Council suspended any recovery action whilst it investigated his complaint but this is only for the duration of the complaints procedure.
8. We may not question the merits of decisions which have been properly made. We do not comment on judgements councils make, unless they are affected by fault in the decision-making process. In this case the Council is required by the legislation to collect the payments and it has offered Mr X alternative methods of payment.

Back to top

Final decision

9. We will not investigate Mr X’s complaint about council tax payments. There is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman