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

The complaint

1. The complainant, whom I refer to as Mr X, complains about the way the Council has handled his council tax. He says the Council has allocated his payments to the wrong year creating more arrears and costs.

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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))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint replies. I considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

4. If people do not pay their council tax as billed the Council can obtain a liability order from the court and take recovery action. If people do not pay the exact amount of the council tax instalment which is due, or the amount that corresponds to an agreed payment plan, then payments will be used to cover arrears.
5. The Council made a payment arrangement with Mr X in 2018 for council tax arrears. This allowed Mr X to pay £160 a month for his current council tax and for arrears from 2012/13, 2016/17, 2017/18 and 2018/19. This arrangement continued into the following year.
6. Since then Mr X has accrued further arrears because he has not paid enough to cover the arrears and current council tax. He has continued to pay £160 a month even though there is no payment plan in place and the Council told him this is not enough to cover the arrears and current council tax. The Council has been allocating the £160 a month to the arrears.
7. In May 2021 the Council asked Mr X to submit a financial statement so it could make another payment plan; the Council told me today that Mr X has not submitted a financial statement and there is no plan in place. The Council also invited Mr X to apply for council tax support and for a disability property reduction. The Council told me he has not applied for either.
8. Mr X complains about the way the Council allocated his payments and says this has caused increased arrears and costs. Bailiffs are currently trying to collect arrears from 2017.
9. I will not start an investigation because there is insufficient evidence of fault. I have considered the complaint replies and the Council has explained how it has allocated Mr X’s payments. I have not seen anything to suggest the allocation of the payments has increased the arrears. In addition, the Council told Mr X there is no plan in place and £160 is not enough to cover the current council tax and arrears.
10. I appreciate it may be confusing because there are arrears for different years but the key point is that Mr X has not paid enough to cover the arrears and the current council tax. In addition, he has not taken the opportunities to make a new payment plan or to explore ways of reducing his council tax through benefits or a disability discount. He currently owes £1548 for this tax year and £1474 for 2020/21; given this level of arrears Mr X may face further enforcement action and costs.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman