Summary: We will not investigate this complaint about council tax. The Council has agreed to take further action to remedy the injustice caused to Mr X, and we are satisfied with the action it intends to take.

The complaint

1. Mr X complained the Council held him liable for council tax for a rental property he managed on his friend’s behalf, despite him notifying it several times he was not the owner or the tenant. It obtained a liability order. This caused Mr X inconvenience and stress, and he went to significant time and trouble in trying to resolve the matter. Mr X wants the Council to apologise and review how it communicates in such circumstances.

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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 provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

5. The Council held Mr X liable for council tax for a rental property he managed on his friend’s behalf. He told it he did not own or occupy the property, but it did not update its record and it issued a summons to recover council tax from him. The Council later accepted Mr X was not liable and it cancelled all recovery action. It apologised to Mr X for the inconvenience this caused him.
6. The Council accepts it should have updated its record to remove Mr X before it issued a summons, based on the information he had provided. Mr X experienced avoidable stress and frustration. He went to significant time and trouble in communicating with the Council. I invited the Council to provide Mr X a financial remedy to recognise the extent of his injustice, as I was not satisfied its apology was sufficient.

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Agreed action

7. The Council agreed to reduce Mr X’s 2022/23 council tax bill by £250.
8. The Council also agreed to review how it responds to such communications and learn lessons where possible.
9. The Council will take these actions within one month of my final decision. I am satisfied that these actions will remedy the outstanding injustice Mr X experienced due to fault by the Council.

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Final decision

10. We will not investigate Mr X’s complaint because the Council has agreed to take further action, and we are satisfied this will remedy the outstanding injustice Mr X experienced.

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Investigator's decision on behalf of the Ombudsman