Blaby District Council (24 007 934)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 14 Oct 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s collection of Mr X’s Council Tax arrears dating back to a period between 2013 and 2018. This is because the complaint is a late complaint and so falls outside our jurisdiction due to the passage of time and there is no evidence to suggest fault by the Council.

The complaint

  1. Mr X complains the Council has not properly addressed his complaint about his Council Tax arrears dating back to a period between 2013 and 2018. He says it has not been explained to him how his arrears were allowed to accumulate and when the debt was chased through bailiffs.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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)
  3. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council, including its response to the complaint.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The restriction highlighted at paragraph 3 applies to Mr X’s complaint. The Council’s records show that Mr X made some payments to bailiffs for the debt in 2021. As we would reasonably have expected Mr X to have complained to us about the matter sooner, the complaint is a late complaint and so falls outside our jurisdiction.
  2. That the Council has more recently pursued Mr X for the outstanding debt because it obtained his current address is not evidence of fault by the Council.
  3. The Council has given Mr X information detailing the summonses issued to him and directed him to contact the bailiffs for further information and to request payment by payment plan.

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Final decision

  1. We will not investigate Mr X’s complaint because the complaint is a late complaint and so falls outside our jurisdiction due to the passage of time and there is no evidence to suggest fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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