Summary: We will not investigate this complaint about the Council’s decision not to pay compensation as part of its response to the complainant’s council tax complaint. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, complains the Council wrongly sent her a council tax bill, and involved bailiffs, before realising its mistake and reducing the bill to zero. Ms X wants compensation.

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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. (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 Ms X. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. People who occupy a property are liable to pay council tax. This applies even if they live in temporary accommodation.
5. Ms X sought help from another Council (A) because she was homeless. Council A arranged temporary accommodation in the borough of Hounslow (the Council). Ms X’s tenancy started in December 2022. The Council found out Ms X was living in the property so it sent a council tax bill. Ms X did not pay or contact the Council so it sent a reminder and a summons. Ms X continued not to pay so the Council obtained a liability order and involved bailiffs. The bailiffs contacted Ms X.
6. Ms X complained to the Council. She said she is not liable for council tax because she is homeless and unemployed. Ms X says Council A is responsible for the council tax.
7. Following the complaint, which was the first contact Ms X had with the Council, the Council processed a claim for Council Tax Support (CTS) and backdated it to the start of the tenancy. It recalled the case from the bailiffs and cancelled the costs; this reduced the council tax to zero.
8. The Council told Ms X she is liable for council tax as the resident even though the property was arranged by Council A. It said Ms X did not make any payments, or contact the Council to apply for CTS, which is why the case escalated to bailiffs. It said it had followed the correct procedures and would not pay compensation.
9. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council was correct to make Ms X liable for the council tax from the start of the tenancy. Ms X lives in temporary accommodation arranged by Council A but she is liable for the council tax. In addition, the Council acted correctly by sending a bill, reminder and a summons; it involved bailiffs because Ms X had not made contact or made any payments. If Ms X had contacted the Council sooner, bailiff action might have been avoided.
10. The Council acted correctly by processing a claim for CTS as soon as it became aware of Ms X’s circumstances and it backdated the claim to the start of the tenancy. The Council reduced the council tax bill to zero due to the CTS award, not because it had made an error. Ms X will remain liable for council tax as long as she remains a tenant. Whether Ms X has to pay council tax in the future will depend on her circumstances and CTS.
11. I appreciate Ms X may have felt distressed when she received the council tax bill and found being visited by bailiffs stressful. But, there is no suggestion of fault by the Council and no reason to start an investigation.

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Final decision

12. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman