Summary: We will not investigate this complaint about the Council’s decision to pursue Mr X for an outstanding Council tax bill. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council has pursued him for a debt on his previous Council tax account which was incurred several years ago.

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The Ombudsman’s role and powers

2. We investigate 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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• it would be reasonable for the person to ask for a council review or appeal
  (Local Government Act 1974, section 24A(6), as amended, section 34(B)

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained the Council failed to make him aware of an outstanding council tax debt on his account from a property he lived in several years ago before referring the matter to an enforcement agency.
6. Mr X accepts he did not pay the bill at the time but says the Council should have tried harder to make him aware of the debt before pursuing him for it at his new address.
7. The Council investigated Mr X’s complaint and advised that as Mr X had failed to notify it when he changed addresses, it had sent all letters requesting payment to his previous address. The Council said it was forced to take action to recover the debt when it did not receive a response from Mr X.
8. Mr X is unhappy with the Council’s actions and wants us to find it at fault. The Council is entitled to pursue outstanding council tax debts if it does not receive payment and I must note that the responsibility for updating addresses when moving falls to the tenant. The evidence therefore shows that an investigation would be unlikely to find fault with the Council’s actions. Further, if Mr X disputes the outstanding bill, it is open to him to apply for an appeal of the Council’s decision.

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Final decision

9. We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman