Summary: We will not investigate this complaint about the way the Council handled the complainant’s council tax. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, says the Council obtained three liability orders for council tax arrears without telling him. He says the Council did not tell the court about his complex health needs and denied knowing about those needs. Mr X complains about the complaint handling and disability discrimination. Mr X wants compensation.

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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 Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Mr X complained to the Council about the issues referred to in paragraph one.
5. In response, the Council said it sent summonses in 2022, 2023 and 2024 before obtaining liability orders in each year. It added it had sent council tax bills and reminders and contacted Mr X following each liability order. It said none of the documents were returned.
6. The Council explained that other council departments may have been aware of Mr X’s disabilities but the council tax team did not know until recently. Once it became aware, it helped Mr X claim council tax support. The Council explained that health needs are not a defence against a liability order and the court would not have dismissed the applications if it had been aware of his disabilities.
7. The Council awarded full benefit and backdated it to April 2024. This cleared the arrears for 2024/25 and the Council removed the court costs. Due to Mr X’s circumstances the Council made a discretionary decision to waive the remaining council tax arrears and costs. This means Mr X has no arrears or costs.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. I do not know why Mr X did not receive any of the letters about the council tax arrears or the liability orders but, as council tax is a largely automated process, there is nothing to indicate the Council did not send the letters. It seems unlikely there would have been a failure to send every bill, reminder and summons.
9. There is no suggestion of fault in the Council’s explanation that the council tax department only recently became aware of Mr X’s disabilities. Due to data protection, information that is held by one department is not usually shared with other departments. The Council correctly explained that health issues are not grounds for the court to deny an application for a liability order.
10. Mr X says the Council discriminated against him but I have not seen any evidence of discrimination. On the contrary, it was due to Mr X’s health and financial circumstances that the Council made a discretionary decision to waive the arrears.
11. I appreciate Mr X remains dissatisfied but there is nothing to indicate we need to start an investigation. Further, whilst Mr X wants compensation, I have not seen anything in the Council’s actions that requires compensation and, as already said, Mr X benefited from the removal of the costs and the arrears.

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Final decision

12. 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