Summary: We will not investigate this complaint about the Council’s pursuit of Mr X for unpaid council tax. This is because the Council has put forward a reasonable remedy during our consideration of this complaint.

The complaint

1. Mr X complained the Council started recovery action against him regarding unpaid council tax after telling him it had placed a hold on his account.

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The Ombudsman’s role and powers

2. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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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 moved into his previous property in January 2021 but did not contact the Council inform it of this until September 2022. At this point the Council set up a council tax account in Mr X’s name and produced several backdated council tax bills.
6. Mr X contacted the Council again to dispute liability due to his student status. The Council agreed to place a hold on the account for Mr X to provide an exemption certificate. The Council did not confirm when the hold would expire.
7. In January 2023, the Council issued Mr X with a reminder notice regarding the outstanding council tax. The Council issued a further reminder the following month and in May 2023 the Council instructed an enforcement agency to pursue Mr X for the outstanding balance when it did not receive payment.
8. Mr X contacted the Council and made a payment in July 2023 but was unhappy the Council had pursued for payment after placing a hold on the account. Mr X asked the Council to refund the collection fees added to the balance as well as the court fees incurred due to the Council’s actions. The Council agreed to return the collection fees but maintained it had acted in line with the correct process when it began recovery action for the debt on the account.
9. In response to the Ombudsman’s enquiries, the Council has advised that it will refund £225 in court fees that Mr X incurred as a goodwill gesture. The Council was not required to make this offer as the evidence shows the Council followed the law in its pursuit of the outstanding debt on the account. An investigation is therefore not necessary as the Council has put forward a reasonable remedy to resolve this matter.

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Final decision

10. We will not investigate Mr X’s complaint because the Council has put forward a reasonable remedy during our consideration of this complaint.

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Investigator's decision on behalf of the Ombudsman