Bath and North East Somerset Council (22 014 862)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 16 Feb 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council Tax arrears. Mr X knew the Council intended to recover the arrears in 2019 and could have complained to us sooner.
The complaint
- Mr X complains the Council is wrongfully pursuing him for council tax arrears and associated debt recovery costs from 2018/19.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We usually expect people to bring complaints to us within 12 months of the date they became aware of the issue. Mr X knew about the arrears and recovery costs in 2018/19 and contacted the Council about it at that time. The Council explained that its calculations were correct and would not be withdrawn. Mr X should have made a formal complaint to the Council at that time and then come to the Ombudsman if he remained unhappy. I have seen no good reasons why he did not. Therefore we will not investigate this complaint now.
Final decision
- We will not investigate Mr X’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman