Summary: We will not investigate this complaint about a council tax error. This is because the Council has provided a satisfactory response and there is not enough remaining injustice to require an investigation.

The complaint

1. The complainant, Mr X, complains that he registered to pay council tax at his new address, paid, but still received a final notice referring to arrears. Mr X wants an apology and compensation.

Back to top

The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• we are satisfied with the actions an organisation has taken or proposes to take.

(Local Government Act 1974, section 24A(6) &(7) as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by Mr X. This includes the complaint correspondence. I also considered our Assessment Code.

Back to top

My assessment

4. Mr X has a property which he sometimes rents to tenants (property A). In March 2024 Mr X told the Council the tenants had left and he provided the Council with his contact address.
5. Mr X, as the owner, was liable for the council tax while the property was empty. The Council issued bills to Mr X, for property A from March, but sent the bills and reminders to the wrong address. Mr X was unaware of the arrears which were accruing.
6. Mr X moved into property A in October. He registered for council tax and set up a direct debit. He made one payment and then received a final notice. The notice asked for payment of £1066 within seven days. The letter explained the possible consequences of non-payment which included legal action.
7. In response to his complaint, the Council said it had served all the notices it was required to send before issuing a final notice. However, it apologised because it failed to process the information Mr X provided in March about his address which meant the Council sent all the letters to the wrong address. The Council said Mr X was liable for the council tax from the date the tenants left and explained how it had calculated the amount. The Council offered to extend the payment period for the arrears, but Mr X paid everything, so the account is clear apart from on-going payments.
8. Mr X says he had to spend time dealing with the council tax and was alarmed by the threat of legal action.
9. The Council made an error. It failed to update its records and, as a consequence, sent the letters to the wrong address. Mr X was unaware of the arrears until he received the final notice. I can understand this may have caused puzzlement and upset as he knew he had made arrangements to pay the council tax he had been billed for.
10. But, while I acknowledge these points, I will not start an investigation because the Council provided a satisfactory response and there is not enough remaining injustice to require an investigation. The Council apologised, explained what went wrong and offered Mr X an extended payment period. There was an impact on Mr X in terms of his time, and worry about the reference to legal action, but this does not amount to a level of injustice which requires compensation or an investigation. In reaching this view I have considered that the Council did not start legal action, Mr X has not incurred any costs, and he has only been billed for the council tax due from when the tenants left.

Back to top

Final decision

11. We will not investigate this complaint because the Council has provided a satisfactory response and there is not enough remaining injustice to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman