Summary: We will not investigate this complaint about fees for council tax arrears. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, says the Council did not process her council tax correctly. She wants the Council to refund the fees.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence. I also considered information on the Council’s website and our Assessment Code.

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My assessment

4. Ms X says she phoned the Council in 2023 to say she was leaving a property. She moved and says she heard nothing further about council tax for her old property until she was contacted by bailiffs. Ms X says she incurred fees of £348 which she wants the Council to refund. She says the Council admitted it should not instructed bailiffs because it did not have her new address.
5. In response to her complaint, the Council said it had checked its records and there was nothing to show Ms X reported her change of address. It said it only found out about the change of occupancy when the new residents registered for council tax. It then sent a closing bill, reminders and letters about court action to the old address; the law says councils must send council tax letters to the last known address. The Council says it did not have Ms X’s new address until after it had involved bailiffs. The Council said it followed the correct process and it would not refund the fees.
6. I will not start an investigation because there is insufficient evidence of fault by the Council. Ms X says she rang to say she was moving; the Council has no record of this call. The Council also says that when someone calls to report a move they are asked to submit the new address in writing. Further, the Council’s website asks people to complete an on-line moving form. We make evidence-based decisions; there is no evidence Ms X gave the Council her new address so we cannot say the Council is at fault.
7. Further, in the absence of a new address, the Council had to send the letters to the old address. And, because Ms X did not respond or pay, the Council followed the correct process of registering the debt in court and instructing bailiffs. I appreciate Ms X has incurred fees, but this reflects the correct process when arrears are referred to bailiffs. In short, Ms X had arrears and the Council sent all the documents it was required to send to the only address it had for Ms X.
8. I appreciate Ms X thinks the Council failed to register her new address but there is insufficient evidence of fault to warrant an investigation.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman