London Borough of Croydon (22 013 159)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 23 Jan 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about payment of Council tax as there is no evidence of fault by the Council causing injustice.
The complaint
- Mr X says that the Council enforced a Council tax debt against him despite previously accepting a lower payment of Council tax.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that he made (lower) payments towards his Council tax in 2022 which were accepted by the Council. He says that the Council then obtained a Liability Order against him and instructed bailiffs to pursue the arrears.
- The Council says that, whilst they received the lower payment, they did not accept them as an alternative to the payments they had asked him to make when the bill was issued in March. The Council says that he was sent reminder letters in July and August 2022 (pointing out that he was in arrears) prior to the issue of a Liability Order.
- There is no evidence that the Council accepted a lower regular payment towards the Council tax liability. Mr X was told of the need to make further payments prior to the summons and Liability Order. I not consider therefore that the arrears and costs accrued by Mr X are the result of Council fault. In the absence of fault, the Ombudsman would not investigate this complaint.
Investigator's decision on behalf of the Ombudsman