Summary: Mrs complained that she was unaware of a Council Tax debt. There is no fault by the Council. Mrs X looked at the wrong account online which showed there was no debt. But, the Council had sent invoices and liability orders to the addresses it had on file.

The complaint

1. The complainant, who I shall call Mrs X, complains she has incurred a Council Tax debt that she was unaware of as her online account showed no money was owed. Mrs X says she is vulnerable and is not able to pay the debt.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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What I have and have not investigated

4. 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)
5. Mrs X was definitely aware of the Council Tax debt from March 2023. But, she did not put in an official complaint to the Council until February 2024 and complained to the Ombudsman in October 2024. I have exercised discretion to investigate events back to November 2022 when Mrs X says that she thought her Council Tax account was clear.

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How I considered this complaint

6. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
7. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

8. Mrs X moved out of the house she owns in 2018. There were tenants in the property until August 2021. The Council has said the house has been classed as empty from August 2021 onwards.
9. Mrs X said she looked at her Council Tax account online in 2022 and it showed a zero balance. So, she assumed she did not owe any money.
10. The Council has said that the zero balance related to the old Council Tax account from 2019. The account number changed when the tenants were in the property and then changed again when they moved out.
11. Mrs X says she visited the Council in 2023 about the empty property but no one would speak to her. She says that she did not receive any letters about the Council Tax. The Council has said letters were sent to the property address until they were informed of a different address.
12. Mrs X now has tenants in the property. But she owes £3983 for 2021 to 2023 in Council Tax, which the Council has obtained liability orders for. The Council has passed the debt to enforcement agents, which are currently on hold. Mrs X has explained she is vulnerable and cannot afford to pay the arrears. The Council has said it is willing to consider setting up a payment plan for the debt.
13. I find no fault by the Council. The Council has billed Mrs X and obtained liability orders. As she has not paid the debt, it has been passed to enforcement agents. Mrs X has been offered the option of a payment plan.
14. Mrs X has explained that she did not receive copies of the bills as she was not living at the flat. I have seen the Council’s records and Mrs X’s alternative addresses were on file. However, due to the time that has elapsed it is not possible to tell if they were on the file in 2022 and 2023 or were added once Mrs X complained. It is also not possible to determine why Mrs X did not receive some of the letters, whether they were sent to the property or the address she was living at. While I appreciate that a series of events led to Mrs X moving out, she would have been aware that Council Tax would be due on the property as she had paid it previously. So, I do not consider there is any fault in the Council’s actions as it has sent bills to Mrs X at the addresses it had on file for her.

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Decision

15. I have completed my investigation of this complaint and I find no fault. This complaint is not upheld.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman