West Northamptonshire Council (24 008 991)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 31 Oct 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s treatment of the complainant in relation to council tax arrears. This is because there is insufficient evidence of fault by the Council.

The complaint

  1. The complainant, Ms X, complains about the way the Council treated her regarding council tax arrears. Ms X says she was not at fault and has been blackmailed into paying money.

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by Ms X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code.

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My assessment

  1. People must pay their council tax before the monthly payment date stated on the bill. If they pay late more than twice in one financial year, they lose the right to pay by instalment; councils can then serve a notice requiring payment of all the outstanding council tax for that year. If the person does not pay all the council tax within seven days a council can serve a summons and charge court costs.
  2. Ms X paid her council tax late in April, May and June. The Council issued reminders and a summons. Ms X set up a payment plan after she got the summons. The court issued a liability order but the Council told Ms X it would not take further recovery action if she maintained the payment plan. A liability order is a court order saying the person must pay the council tax and costs. Ms X could have avoided the liability order, but not the costs, if she had paid all the council tax before the court hearing; she did not do this.
  3. Since Ms X set up the plan the Council awarded council tax reduction and a hardship payment. These payments cleared the arrears and mean there is no balance on the account. The Council also removed the court costs.
  4. I will not start an investigation because there is insufficient evidence of fault by the Council. Ms X was paying her council tax but she paid late which is not in line with the council tax regulations. As Ms X did not pay in accordance with the dates stated on the bill the law allowed the Council to take recovery action and serve a summons. The Council followed the correct procedures and there is nothing to suggest fault by the Council.
  5. In addition, the arrears have now been cleared and the Council removed the costs, even though they were correctly charged.

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Final decision

  1. 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

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