Summary: We will not investigate this complaint about the Council’s decision to pursue Mr X for a council tax debt he has been accruing since 2015. This is because we would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council failed to issue him with a Council tax bill between 2015 and 2023, which has resulted in a large debt on his council tax account.

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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.

(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. In November 2022, the valuation office agency (VOA) valuated Mr X’s property banding and retroactively applied the change of banding from 2015.
6. Shortly after this, Mr X contacted the Council and confirmed he had been living in the property since 2015. The Council created a council tax account for Mr X on the same day and sent him a Council tax for the period he had been living at the property.
7. Mr X complained that he was unable to pay the outstanding balance and requested that the Council write off the debt incurred prior to 2022. The Council did not uphold the complaint and offered Mr X a payment plan.
8. Mr X remains unhappy with the situation and has referred the complaint to us. There is no restriction in law that prevents the Council from recouping historic debt owed on a council tax account. The evidence shows Mr X did not contact the Council regarding his liability for Council tax until 2023, hence a debt has built up on the account. Whilst it would have been best practice for the Council to have made efforts to determine who was liable for paying council tax at the property, it was Mr X’s responsibility to notify the Council when he moved in. The outstanding balance on Mr X’s council tax account therefore represents valid charges and the Council is entitled to ask Mr X to pay them.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman