Summary: We will not investigate this complaint about council tax arrears that the complainant was not liable for. This is because the Council has agreed to remedy the injustice.

The complaint

1. The complainant, Mr X, complains he was contacted by bailiffs about council tax for a property he left five years ago. Mr X wants compensation and for the Council to set aside the liability order. He also wants the Council to review its procedures.

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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 Mr X and the Council. I also considered our Assessment Code.

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My assessment

4. In 2024 the Council made Mr X liable for the council tax on a property he left about five years ago. It obtained a liability order from the court and instructed bailiffs. Mr X first became aware of the arrears when he heard from the bailiffs.
5. Mr X contacted the Council and explained he left the property some time ago and had no on-going links. On checking, the Council established that when Mr X moved out of the property it failed to do the proper checks and wrongly listed Mr X as the owner. This meant that when the property became empty in 2024, the Council incorrectly made Mr X liable for the council tax. And, because it thought Mr X was the owner, it sent bills and letters to that address. Mr X was not traced to his current address until bailiffs were involved.
6. The Council apologised, cancelled Mr X’s liability and accepts he is not the owner. It withdrew all action and cancelled the costs. It explained the liability order would not affect his credit rating and said it would be for Mr X to contact the court about setting aside the liability order.
7. I asked the Council to make a symbolic payment of £150 in recognition of Mr X’s time and trouble, and the distress caused by being contacted by bailiffs. The Council agreed. The Council will also apply to the court to have the liability order set aside.
8. I asked the Council to review its procedures. The Council said it had already reviewed what happened. It is satisfied the correct procedures are in place but, due to human error, they were not followed.
9. I will not start an investigation because the Council has provided a satisfactory remedy. It had already amended the records to show Mr X is not the owner, removed the liability and cancelled all the costs, council tax and bailiff action. In addition, it will now apply to have the liability order set-aside and make a symbolic payment. This is a satisfactory remedy as it puts Mr X back in the position he would have been in had the error not been made, and recognises the personal impact.

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Final decision

10. We will not investigate this complaint because the Council has provided a satisfactory remedy.

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Investigator's decision on behalf of the Ombudsman