Summary: We will not investigate this complaint about the way the Council took legal action regarding Council tax as the matter is out of time, could be appealed, and has been remedied.

The complaint

1. Mr X says that the Council was wrong to pursue a Liability Order and instruct bailiffs in 2016 and 0217 for a period when he was not liable for Council tax.

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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)
3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
5. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X says that the Council was told in 2016 that he was sent to prison for a period. He says that the Council obtained a Liability Order against him and then instructed bailiffs to pursue the debt.
9. Mr X could appeal any decision not to exempt him from Council tax for that period. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
10. The Council says that they were not told that he had gone to prison. The Council has now waived any outstanding Council tax for that period.
11. I consider that a complaint about this matter could reasonably have been made to this office within 12 months of Mr X becoming aware of the matter (2018). The matter is out of jurisdiction.
12. Mr X says that the Council should have the Liability Order voided. However, the Liability Order itself does not affect Mr X’s credit or affect him in any other way. But this request could also have been made to this office within time.

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Investigator's decision on behalf of the Ombudsman