Summary: We will not investigate this complaint about an escalation in a council tax charge because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, complains about a council tax charge of £10 that increased to £432. She says she would have paid if she had been aware of the £10 charge and the Council should have done more to contact her.

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

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My assessment

4. Mrs X rents a property to tenants. She incurred a £10 council tax charge for a period when the property was empty. The Council sent the council tax bill to the address it had on file for Mrs X.
5. Mrs X did not receive the bill, or any of the letters about the arrears or recovery action, because she had moved and had not given the Council her new address.
6. The Council took recovery action because it did not receive payment from Mrs X. It passed the case to bailiffs who traced Mrs X to her new address. Due to costs incurred during the recovery action, and bailiff fees, Mrs X had to pay £432.
7. Mrs X complained about the increase and said the Council should have tried to contact her by phone or email. Mrs X acknowledges she overlooked giving the Council her new address.
8. In response the Council explained it did not know Mrs X had moved and, as required by the law, it sent all the required documents to the last known address. It said that none of the letters were returned, and it does not have the resources to contact people who do not pay or respond to letters. The Council said it is the responsibility of the tax payer to ensure the Council has the correct address.
9. I can understand why Mrs X feels aggrieved. However, while Mrs X had to pay a significant increase from the original charge, I will not start an investigation because there is insufficient evidence of fault by the Council. This is because the Council followed the correct processes.
10. Mrs X did not give the Council her new address, so the Council acted correctly in writing to her at her last known address; no letters were returned so there was nothing to suggest she had moved. Council tax is a largely automated process, with the next stage being triggered when someone does not pay or comply with deadlines. Given the volume of council tax correspondence, combined with the fact that some people actively do not pay or respond to letters, then it would not be possible for councils to monitor individual accounts. In addition, the only requirement is for councils to write to people at the last known address.
11. I appreciate Mrs X paid significantly more the original charge. However, costs are incurred as the recovery process escalates and bailiff fees, which are set out in the regulations, can add a considerable amount. I am sympathetic to Mrs X’s situation, but as there is nothing to suggest fault in the Council’s actions, there is no reason for us 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