North Somerset Council (23 016 937)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 19 Mar 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council making the complainant liable for council tax for a period when there were tenants in the property. This is because the problem has been resolved.

The complaint

  1. The complainant, whom I refer to as Ms X, complains the Council referred council tax arrears to bailiffs for a period when the property was occupied by tenants. Ms X wants the Council to change the liability to the tenants and reverse all the charges issued to her.

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The Ombudsman’s role and powers

  1. 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 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

  1. I considered information provided by Ms X and the Council. This includes an update from the Council. I also considered our Assessment Code and comments Ms X made in reply to a draft of this decision.

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My assessment

  1. The Council took recovery action against Ms X for council tax arrears. Ms X says she did not know there was a problem until she was approached by bailiffs.
  2. Ms X gave the Council information about the tenants who were living in the property. The Council made the tenants liable for the council tax for the disputed period and removed the summons, liability order and costs from Ms X. The Council also issued a refund to Ms X.
  3. I will not start an investigation because the Council has removed the liability from Ms X for the disputed period and cancelled the recovery action and costs.

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Final decision

  1. We will not investigate this complaint because the problem has been resolved.

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Investigator's decision on behalf of the Ombudsman

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