Summary: We will not investigate this complaint that the Council will not allow the complainant to pay a reduced amount of council tax. This is because there is insufficient evidence of fault by the Council and because the court confirmed the complainant must pay as billed.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council will not allow him to pay a reduced amount of council tax even though he is on a low income. He says he pays what he can afford but the Council still involved bailiffs. Mr X wants the Council to waive the arrears.

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 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 a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

Back to top

How I considered this complaint

4. I considered information provided by Mr X. This includes the complaint correspondence. I also considered his previous complaint to us and our Assessment Code. I invited Mr X to comment on a draft of this decision.

Back to top

My assessment

5. In 2021 Mr X complained to us that the Council was bullying him regarding unpaid council tax. We did not start an investigation but noted the Council had allowed him to pay a reduced amount of council tax for three months.
6. Mr X says he is on a low income and pays what he can afford for his council tax. Mr X is not eligible for benefits to assist with council tax.
7. The Council obtained a liability order last summer because Mr X had council tax arrears. A liability order is a court order saying the person must pay the council tax plus costs. When the court has issued a liability order a council can ask bailiffs to collect the debt.
8. Mr X complains the Council will not let him pay a reduced amount. He says the Council allowed this in the past and never explained it was a temporary arrangement. He also says the Council previously wrote off some arrears. Mr X wants the Council to reduce what he has to pay.
9. The Council explained it has a duty to collect council tax to fund services and is allowed to use bailiffs. It said his offer of £42 a month was not enough as it would take too long to clear the arrears. It explained it had previously accepted reduced amounts on a temporary basis and, as he is not entitled to benefits, he must pay the full council tax.
10. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The law says people must pay their council tax as billed. Mr X says he is on a low income but, as his council tax cannot be reduced because he is ineligible for benefits, he must pay the full amount. The Council has previously tried to help by accepting a reduced amount but that was for a time limited period and did not reduce the overall amount he had to pay.
11. I also will not investigate this complaint because the court decided Mr X owes the council tax and I cannot investigate any issue that has been determined in court.

Back to top

Final decision

12. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because the matter has been considered in court.

Back to top

Investigator's decision on behalf of the Ombudsman