Summary: We will not exercise discretion to investigate this complaint about liability and the Council’s recovery of unpaid council tax from 2014-2016. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council recovering council tax arrears from 2014-2016 by way of an attachment of earnings. He says he has been given contradictory information about how much he owes and he was a joint tenant so should not be responsible for the whole debt.

Back to top

The Ombudsman’s role and powers

2. 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

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 was issued with liability orders for council tax which was unpaid at a previous address from 2014-16. Subsequently the Council obtained an attachment of earnings so that monthly deductions could be made from Mr X’s income to reduce the debt.
6. In January 2021 Mr X queried the total debt and the Council’s reasons for pursuing him for what he believes is a joint responsibility with another tenant. The Council sent Mr X a breakdown of what he had paid and what remined outstanding in February. It also explained that he was jointly and severally liable for the debt under the provisions of The Local Government Finance Act 1992 which allows the Council to pursue either of joint liability residents.
7. In October 2021 Mr X made a complaint after he made enquiries about the debt in September and was given contradictory information. He was subsequently told the debt was still outstanding and the earnings attachment still in place. He complained again in 2022 and was given a full breakdown of his payments and remaining balances in March 2022. He was advised to check with his employer if the deductions were different to what the Council had received.
8. We will not exercise discretion to investigate the billing and tax recovery action by the Council. This took place more than six years ago and was subject to court proceedings to obtain the Orders. Mr X has queried the balance in 2021 and complained about the information given more than 12 months before he complained to us. The Council has provided information when requested and there is no indication that it would refuse to do so if he asked for a current update of his account.

Back to top

Final decision

9. We will not exercise discretion to investigate this complaint about liability and the Council’s recovery of unpaid council tax from 2014-2016. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

Back to top

Investigator's decision on behalf of the Ombudsman