Summary: We will not investigate Mr X’s complaint the Council’s enforcement agent continues to pursue him for a council tax debt and the Council refuses to cancel all or most of the debt. We cannot achieve what Mr X wants. There is no fault in the Council’s request to Mr X that he supplies a financial form so it can assess his current ability to pay. The Council will also assess any application by Mr X for council tax relief or an exemption.

The complaint

1. Mr X complains the Council has pursued him for a council tax debt during the last seven years. Mr X says he left the property in 2015 and should not have to pay the debt. Mr X says he has health problems and is on benefit. He says the Council wants him to complete a financial form, but it will not count rent to his parents and wants more than he can afford. Mr X says the Council has harmed his health including stress and anxiety. Mr X wants the Council to cancel 90% of the debt or all of it and accept £5 per month towards the remainder of the debt.

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 cannot achieve the outcome someone wants.

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

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

Back to top

How I considered this complaint

5. I considered Mr X’s information and comments. The Council has provided the complaint replies to Mr X.

Back to top

My assessment

6. I will not investigate Mr X’s complaint for the following reasons:
7. The Ombudsman cannot achieve what Mr X wants which is the cancellation of all or most of the debt and that the Council should accept his offer of payment. On 25 May Mr X emailed the Council saying it should reduce the debt by 90% and accept £10 per month or it would get ‘nothing at all’. There is no fault in the Council rejecting Mr X’s suggestion.
8. There is no fault in the Council’s current position explained in its complaint replies. The Council has a duty to collect tax but has confirmed it is willing to reassess Mr X’s circumstances:
1. It has sent Mr X a financial form and when it is returned, with any necessary evidence, it will assess what he can afford to pay.
2. It has provided a weblink and information to Mr X about applying for ‘section 13A’ discretionary council tax relief. This would allow the Council to consider cancelling some of the debt.
3. It has provided a council tax disregard application form. Mr X could apply on the grounds of the health problems he has mentioned.
4. It has advised Mr X to take independent advice from citizens advice bureau or similar.
9. The history of the debt is outside the Ombudsman’s legal powers (see paragraphs 3 and 4). Mr X complains late and outside the ‘permitted period’ of 12 months. I will not exercise discretion to investigate because Mr X could have complained sooner.

Back to top

Final decision

10. The Ombudsman will not investigate Mr X’s complaint the Council’s enforcement agent continues to pursue him for a council tax debt and the Council refuses to cancel all or most of the debt. We cannot achieve what Mr X wants. There is no fault in the Council’s request to Mr X that he supplies a financial form so it can assess his current ability to pay. The Council will also assess any application by Mr X for council tax relief or an exemption

Back to top

Investigator's decision on behalf of the Ombudsman