Summary: We will not investigate this complaint about the Council’s recovery of unpaid council tax arrears. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mrs X complained about the Council taking court recovery action against her for unpaid council tax and issuing the debt to enforcement agents incurring additional costs. She says she moved from her property and that the Council sent al correspondence to the billing address.

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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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

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

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My assessment

5. Mrs X says the Council sent her a summons and a liability order to her previous address and so she was unaware of the additional debt incurred. She left her previous address in 2023 because she had become homeless and although she received assistance from the Council in obtaining removal costs, she was still required to notify any change of address under the regulations.
6. The Council referred the debt to enforcement agents and this incurred an additional £75 compliance fee. When Mrs X complained about informed the Council of her details it considered that the costs were still recoverable. However, on reviewing the complaint it decided to waive the costs on the basis that she had paid the £69 owing form before she moved away.
7. The Council has removed the court and agents’ costs and the account is now clear. However, I can find no evidence of fault because Mrs X informed the Council when she moved into her home but she did not give the billing authority new address details when she moved out. The regulations require the Council to issue correspondence to the last verified billing address.

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Final decision

8. We will not investigate this complaint about the Council’s recovery of unpaid council tax arrears. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman