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

The complaint

1. The complainant, Mr X, says the Council failed to update his address leading to visits from bailiffs in relation to council tax arrears he was unaware of.

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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 and was liable for the council tax for a period when the property was empty. Mr X had given the Council a correspondence address but the Council failed to update its records. This meant the Council sent all the council tax demands, reminders and letters about recovery action to the wrong address.
5. Mr X did not pay the council tax because he did not receive any of the correspondence. The Council took recovery action because Mr X had not paid the council tax, resulting in the arrears being passed to bailiffs.
6. Mr X only became aware of the arrears when he was visited by bailiffs. He then contacted the Council and found out it had used the wrong address.
7. The Council cancelled the recovery action, removed all the costs and explained what had gone wrong. The Council apologised for the inconvenience but declined Mr X’s request for compensation.
8. Mr X says the Council should compensate him for the stress of the bailiff action and the time taken for the Council to fully respond to his complaint.
9. I asked the Council to provide a symbolic payment of £300. This is £250 for the avoidable bailiff action and £50 for delay. The Council agreed my request.
10. I will not investigate this complaint because the Council has agreed to provide a remedy which is in line with our guidance and recognises the stress and inconvenience caused to Mr X by the Council’s error. In addition, the Council had already cancelled the recovery action and removed the costs.

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Final decision

11. We will not investigate this complaint because the Council has agreed to provide a satisfactory remedy.

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Investigator's decision on behalf of the Ombudsman