Summary: We will not investigate this complaint about council tax arrears because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, says the Council ignored she had moved and increased her council tax despite also ignoring correspondence she had sent. Mrs X wants the Council to remove the debt.

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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))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and comments Mrs X made in reply to a draft of this decision.

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My assessment

4. In February 2022 Mrs X told the Council she had moved from property A. The Council generated the final council tax bill and told Mrs X she owed £88. In March the Council accepted an offer from Mrs X to pay £20 a week; the first payment was due in March. Mrs X paid £20 in July and £10 in September.
5. The Council issued a final notice in November for £36. Mrs X did not pay so the Council issued a court summons and charged costs of £70. Mrs X now owed £106.
6. Mrs X moved to property C in November. She says she told the Council on 1 December; the Council says it did not receive this notification.
7. In January Mrs X received a pre-enforcement notice, addressed to property B. She complained to the Council. In response the Council explained why she owed £106 in relation to property A.
8. Mrs X has since paid £40 which she says clears the arrears. The Council confirmed Mrs X still owes £66.
9. I will not start an investigation because there is insufficient evidence of fault by the Council. Mrs X knew she had arrears for property A and made a payment plan. Mrs X did not maintain the plan so there is no suggestion of fault in the Council’s decision to take recovery action and charge additional costs. The Council issued the final notice before Mrs X says she notified her new address so the fact that the Council was unaware she had moved has no bearing on what happening. If Mrs X had paid the arrears in accordance with the plan, or after the Council issued the final notice, she would not have incurred any costs.
10. Mrs X paid another £40 but, due to the addition of costs, she still owes £66. There are no reasons for us to ask the Council to waive the remaining arrears.

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Final decision

11. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman