Summary: We will not investigate this complaint about Council tax enforcement because there is insufficient evidence of fault by the Council. Part of the complaint has been remedied.

The complaint

1. Ms X complains that the Council unreasonably pursued enforcement action against her for unpaid Council tax.

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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 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))

3. 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 or continue with 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

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

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My assessment

6. Ms X vacated her property in June 2023. Ms X says that she telephoned the Council of this move but accepts that she did not notify the Council properly of this through the Council’s online form. The Council says that the first time it was aware of this was in June 2024. In the meantime, enforcement action had been pursued by the Council in April 2024 and costs added to the final bill. Ms X says that the Council incorrectly advised her in June 2024 that the case would be closed once payment was made. The Council apologised for this
7. The Council agreed, in August 2024, that additional enforcement costs would be waived.
8. The Council says that Ms X would have been aware of the need to complete a form online of the change of address as she had done so when she first moved into the previous property.
9. If the Council was not aware of the move then there was no fault in the Council’s pursuit of the unpaid Council tax (to the previous address). We have no evidence of the original phone call in 2023 or any confirmation by the Council of the change of circumstances at that time. In the absence of fault, the Ombudsman would not investigate this complaint. The Council’s cancellation of additional costs in August 2024 was a remedy to that part of the complaint.

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Final decision

10. We will not investigate Ms X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman