Summary: We will not investigate this complaint about a council tax error leading to bailiff action because the Council has agreed to provide a fair remedy.

The complaint

1. The complainant, Mr X, complains about a council tax error which led to the Council wrongly instructing bailiffs. Mr X wants an apology from a senior officer and compensation.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information provided by Mr 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

4. Mr X is a landlord. He notified the Council that the property was empty and the Council correctly made him liable for the council tax. The Council issued a bill but sent it to the wrong address. The Council issued reminders and letters about court action for council tax arrears but sent them all to the wrong address.
5. Mr X was unaware of the arrears until he was notified by a third party that bailiffs were involved. Mr X was away at the time and had to disrupt his plans to deal with the arrears. After Mr X contacted the Council, it realised the error. It recalled the account from the bailiffs, cancelled the costs and apologised. The Council also explained what had gone wrong and said it had given feedback to the officer who made the mistake. The Council declined to pay compensation because Mr X had not suffered a financial loss.
6. Mr X has referred to the stress the involvement of bailiffs caused and the impact on his family life. He has referred to the Council violating his human rights.
7. The Council made an error. It then upheld Mr X’s complaint, apologised and explained what went wrong. A further apology is not needed but Mr X was caused some avoidable time, trouble and stress. For this reason I asked the Council to make a symbolic payment of £100.
8. I will not start an investigation because the Council has provided a fair remedy. In addition to the apology and explanation it has agreed to pay Mr X £100. This is a satisfactory response.

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Final decision

9. We will not investigate Mr X’s complaint because the Council has provided a satisfactory remedy.

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Investigator's decision on behalf of the Ombudsman