Summary: We will not investigate this complaint about the way the Council handled the complainant’s council tax after she reported a change in her circumstances. This is because the Council has agreed to make a symbolic payment and has provided a satisfactory remedy.

The complaint

1. The complainant, Ms X, complains about the Council’s council tax response after she reported she had moved.

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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 the Council and Ms X. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Ms X paid the council tax late in April and May. This meant that if she paid late again the Council could take court action. Ms X was due to make a payment on 15 June; she did not pay because she sold the property on14 June and reported the change on 16 June.
5. The Council updated the records in late June but issued a final notice in July for the full amount of council tax rather than the adjusted amount. The Council subsequently issued a summons. The Council issued a correct bill in late July but said the court costs of £72 were still due. The Council subsequently withdrew the summons and the costs and issued a bill for the correct amount which Ms X paid.
6. Ms X says an officer told her she was liable for the council tax until the Council had the details of the new owner. However, the Council told Ms X she incurred the summons and costs due to the arrears that accrued before she moved.
7. The Council issued the final notice because Ms X did not pay the instalment due in June. I understand why Ms X did not pay but she may have avoided problems if she had paid and then asked for a refund when the Council closed the account. That said, the Council issued the final notice and summons for the wrong amount of council tax and it took some weeks for the Council to issue a correct closing bill.
8. The Council acted appropriately by explaining what had happened and removing the costs. This means Ms X paid the correct amount of council tax, has not incurred any costs, and the matter did not go to court. But, she was caused some undue time and trouble, and distress, not least because the Council demanded council tax she did owe and threatened legal action. For this reason I asked the Council to make a symbolic payment of £100; the Council agreed so I will not start an investigation.
9. Ms X wants us to pursue her complaint that an officer told her she was liable for the council tax until it could bill the new occupier. This is not correct as liability ends when someone moves out or from when ownership or the tenancy ends. I appreciate Ms X says the Council misadvised her on this point, but it is not an issue that requires an investigation. Even if the Council did mis-advise Ms X about this issue it would not be grounds for an additional remedy as it does not affect the outcome or the level of injustice.

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Final decision

10. We will not investigate this complaint because the Council has agreed to make a symbolic payment and has provided a satisfactory remedy.

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Investigator's decision on behalf of the Ombudsman