Summary: Mr X complained about the Council’s failures relating to council tax billing for a property he owns and rents to tenants. He says the Council failed to update its records and act on the information he provided. We find the Council was at fault for its delay in updating its records and acting on the information Mr X provided. This caused Mr X distress and frustration. The Council has agreed to our recommendation to pay Mr X £100 to address his injustice.

The complaint

1. Mr X complained about the Council’s failures relating to council tax billing for a property he owns and rents to tenants. He says the Council failed to update its records and act on the information he provided.
2. Mr X says the Council’s failures caused stress and anxiety and resulted in him having to pay for legal counsel to produce a defence statement for court.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. 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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How I considered this complaint

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

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What I found

7. Mr X owns and rents a property to tenants. He contacted the Council’s council tax department in July 2024 and confirmed the tenants had moved out. He said he was now responsible for the property, and he provided his postal address.
8. Mr X sent the Council a further email on 8 August. He said new tenants had moved into the property. He provided the tenants’ details and told it to update its records and issue an updated bill. The Council responded and said its revenue and benefits system was undergoing essential upgrades, and therefore it was temporarily unavailable. It apologised for the inconvenience caused.
9. The Council sent a council tax reminder notice to the lettings’ agency. The agent contacted Mr X and told him to update the Council on the contact address for the property. Mr X sent a further email to the Council and asked it to update its records.
10. The Council sent a summons for nonpayment of council tax to the lettings’ agency in September. The summons said if the Council did not receive payment, then Mr X would have to attend the magistrates court in October. The agent sent the summons to Mr X.
11. Mr X called the Council and sent an email after the call. He said he was on hold for over 70 minutes and the call handler could not resolve the matter. He said it was disgraceful it failed to update its system and act on his information for over two months.
12. Mr X sent a further email to the Council in early October. He said he had phoned again, but the call handler had not managed to resolve the issues. He said it was unreasonable it was taking him to court for its failings. The Council sent an email to Mr X and asked if he wanted it to record his concerns as an official complaint. Mr X replied and confirmed he did.
13. The Council contacted Mr X four days before the court hearing and said it had withdrawn the summons and the associated court costs.
14. The Council responded to Mr X’s complaint and apologised for its delays in responding to his correspondence and for the distress and inconvenience this caused.
15. Mr X emailed the Council and said he had out of pocket expenses because of the court summons. The Council issued a further response to Mr X’s complaint. It said its systems were temporarily unavailable from 13 August to 5 September. It also said it had experienced a high demand for its services following the implementation of its new system. This meant it had not been able to answer customer enquiries as quickly as it would have liked to. It reiterated its apologies for the frustration caused, but it said compensation was not appropriate in his case.

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Analysis

16. The Council was at fault for its delay in updating its records. Mr X sent several emails to the Council, but it did not update his council tax account. This led to a court summons. While I acknowledge the Council was upgrading its systems, it should have put a temporary measure in place to avoid what happened in Mr X’s case. Mr X also sent the Council two emails before its systems were temporarily unavailable from 13 August. I therefore consider it had opportunities to resolve this matter, but it failed to do so.
17. The Council’s faults caused Mr X distress and frustration. He was put to the inconvenience of contacting the Council repeatedly, and the court summons would have caused him worry and distress. The Council has accepted it was at fault and has apologised to Mr X. While I welcome the Council’s apologies, I consider it should also make a payment to Mr X to reflect his injustice.
18. Mr X says he had to engage legal counsel to produce a defence statement to court. He wants the Council to reimburse these fees. Our guidance says we may consider recommending a remedy to reimburse legal costs where we decide it was reasonable for a complainant to have engaged legal help, particularly where the matter is complex. I do not consider this matter was complex or that it was necessary for Mr X to have engaged legal counsel to produce a defence statement. I have therefore not recommended a reimbursement of Mr X’s legal fees.

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Agreed action

19. By 11 June 2025 the Council has agreed to pay Mr X £100 for his frustration, distress and inconvenience.
20. The Council should provide us with evidence it has complied with the above action.

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Final Decision

21. There was fault by the Council, which caused Mr X an injustice. The Council has agreed to my recommendation and so I have completed my investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman