Summary: We will not investigate this complaint about council tax arrears from 2015. This is because it is a late complaint and because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council is ignoring that she had no money to pay the council tax in 2015 and will not withdraw the debt from debt collectors.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by Ms X and the Council. I also considered our Assessment Code and invited Ms X to comment on a draft of this decision.

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My assessment

5. In 2015 Ms X made an arrangement to pay £20 a fortnight towards council tax arrears. The Council told Ms X it would instruct bailiffs if she did not keep to the arrangement. Ms X was being supported by social services at the time and says she could not claim benefits.
6. Ms X did not make any payments. In 2015 and 2016 the Council asked bailiffs to collect the debt. The bailiffs were unsuccessful.
7. In April 2020 the Council asked debt collectors to collect the arrears. Ms X complained to the Council in March 2021. She said that when the debt arose she had no income and was being supported by social services. Ms X said she had not received any letters about the debt.
8. In response the Council referred to the payment arrangement she had made and referred to the unsuccessful attempts it had made to collect the arrears. It said it is too late to claim benefits.
9. I will not investigate this complaint because it is a late complaint. Ms X has known about the arrears since 2015 but she did not complain to us until 2021. If Ms X thought, for any reason, that she should not have to pay the council tax, then she could have taken action in 2015 rather than making a payment plan. I have not seen any good reason to accept a complaint that is six years old.
10. I also will not start an investigation because there is insufficient evidence of fault by the Council. It obtained a liability order from the court which allows it take recovery action to collect the arrears. The Council warned Ms X it would take further action if she did not pay and it has made several attempts to collect the arrears.

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Final decision

11. I will not investigate this complaint because it is a late complaint and because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman