Summary: We will not investigate this complaint about the way the Council managed the complainant’s council tax for two properties. This is because part of the complaint is late, there is insufficient evidence of fault, and the Council apologised for some faults.

The complaint

1. The complainant, whom I refer to as Mr X, says he has received appalling service from the Council over the last four years in relation to council tax for two properties. Mr X wants an apology and a financial settlement.

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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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• the Council has provided a fair response.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

5. Mr X lives abroad and, until recently, owned two properties in the UK which he let to tenants (Flat A and Flat B).
6. In 2021 the Council started recovery action for council tax arrears. Mr X said he never received the reminders, final notice or summons. The Council explained in 2021 that it had sent the documents, by post, to his last known address in country C. Mr X said he had told the Council in 2015 that he had moved to country D. The Council told Mr X in 2021 that it had no record of Mr X saying he had moved in 2015. It also explained that in 2021 it did not receive some of Mr X’s emails because there were errors in the email address he typed.
7. In 2023 Mr X complained that a payment of £103 had not been credited to the account for Flat B. He also complained of delayed responses and that the Council sent documents to his agent despite Mr X asking the Council not to do this.
8. The Council apologised for sending letters to the agent and apologised for some late responses. The Council explained Mr X had made the payment of £103 for Flat A. The Council said the account for Flat A was clear but it could transfer the payment to Flat B; Mr X would then owe £103 for Flat A. The Council said there was no evidence the tenant has also made this payment. The Council said it closed the account for Flat B in October 2023 and Mr X owes council tax of £307. The Council told me Mr X has not paid the £307 and has not set up a payment plan.
9. I will not investigate the dispute over whether Mr X told the Council he had moved in 2015. This is because it is a late complaint. The Council told Mr X in 2021 that it had no record of Mr X reporting this change but he did not complain to us until 2024. I have not seen any good reason to accept a complaint about an issue that Mr X has been aware of since 2021.
10. I will not investigate the complaint that Mr X and/or his tenant made two payments of £103. The Council explained what happened to the payment and offered to transfer it to Flat B. Mr X has not provided any evidence that this payment was made twice and he has not provided any evidence that he used the correct email address in every email. For these reasons there is insufficient evidence of fault by the Council to warrant an investigation.
11. The Council delayed replying to some emails and wrongly sent some letters to the agent. The Council apologised for these errors. This was a fair and proportionate response and these issues do not require an investigation or compensation.

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Final decision

12. We will not investigate this complaint because part of the complaint is late, there is insufficient evidence of fault and because the Council has provided a fair response to the errors that occurred.

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Investigator's decision on behalf of the Ombudsman