London Borough of Brent (24 014 644)

Category : Benefits and tax > Council tax

Decision : Upheld

Decision date : 28 Jan 2025

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint about the actions of the Council in the recovery of council tax. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

The complaint

  1. Mr X complains about the actions of the Council in the recovery of council tax. In that it incorrectly opened two accounts for the same property and pursued aggressively for payment.

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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 or continue an investigation if we decide:
  • we could not add to any previous investigation by the organisation, or
  • further investigation would not lead to a different outcome.

(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 Mr X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X says the Council opened two accounts for council tax at his property and was aggressive with its approach to collect the tax.
  2. The Council says Mr X contacted it in October 2023 to say he had been living in the property. The Council accepts that at this point it should have changed the name on Mr X’s bill and that some of its communication after this could have been better.
  3. The Council has apologised for this and raised the issue with the managers of relevant staff. It has also committed to transferring any payments to Mr X’s new account (on receiving evidence of payment), applying a single person discount, and refunding enforcement fees.
  4. In its second stage of response to the complaint, the Council also offered to refund the court fees despite confirming these were applied correctly and offered Mr X a further time and trouble award of £100.
  5. I consider this to be an appropriate remedy in the circumstances. It follows that any investigation is unlikely to add to the Council’s or lead to a different outcome.
  6. Mr X also says that he is unhappy with the actions of the debt collection officers when visiting his property.
  7. The Council has considered this in its response to the complaint and reviewed the footage. It says this showed the officer did not force their way into the property.
  8. I understand Mr X is dissatisfied with the Council’s actions regarding the collection of council tax. However, I consider it unlikely an investigation would be able to add to the one already carried out by the Council.

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Final decision

  1. We will not investigate Mr X’s complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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