Summary: We will not investigate this complaint about Council tax enforcement because there is insufficient evidence of fault by the Council and a legal remedy.

The complaint

1. Ms X complains that the Council failed to send reminder notices or summons for Council tax arrears on a property she rented out.

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The Ombudsman’s role and powers

2. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
3. 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:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X owns a separate property which was tenanted. The Council says that it was told on 21 August 2024 that the tenant left the property on 15 July 2024. Ms X was made liable for the period after 15 July. The Council sent demand letters to that address. The bill was revised after a new tenant moved in on 28 August.
7. Ms X says that she never received these bills although two payments were made toward the bills. As £100 remained outstanding, the Council obtained a Liability Order against her. The Council says that Ms X phoned the Council on 4 March 2025 acknowledging receipt of the Demand Notice and the Liability Order.
8. There is no evidence that Ms X provided the Council with her updated address and, as the Council had to send the notices to the tenant’s address, there is insufficient evidence of fault by the Council.
9. Further, any dispute as to whether the Summons was issued to the correct address is a matter for the courts via appeal. I see no reason why this method was not available to Ms X.

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Final decision

10. We will not investigate Ms X’s complaint because there is no evidence of fault by the Council and there is a legal remedy.

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Investigator's decision on behalf of the Ombudsman