Summary: We will not investigate this complaint about the Council handling of council tax arrears. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X says the Council has not recorded all the payments she made to her council tax account, moved payments to different years and instructed enforcement agents to pursue recovery action. She says this has caused her emotional and physical distress.

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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

(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 the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

4. In January 2025 Ms X complained the Council’s enforcement agents were seeking council tax for the 2013/14 and 2021/22 council tax years. She said the Council withheld payment information. She said the initial amount with fees was £1200 but she had paid £5350. She requested the Council refunded £3023.
5. The Council replied Ms X had arrears of £2237 for five council tax years. It had passed the accounts for three years to its agents to recover.
6. Ms X complained the Council did not respond in full and it had not taken account of the fact that she was disabled. She said the enforcement agent had confirmed to her it had recovered the 2013/14 year in full.
7. The Council’s reply explained the amount paid for each liability order and the years that were still outstanding. It said Ms X had not paid the agreed arrangement. It had reallocated some payments from 2013/14 to 2019/20. In view of Ms X’s circumstances, it had now recalled the accounts from the agent, and it offered a payment arrangement over 3 years. The Council sent a statement of account to Ms X regarding all transactions.
8. The Council has explained the reasons for the arrears and why certain payments were moved. It has taken the accounts back from its agent and provided a statement of account. I have not seen sufficient evidence of fault that would justify an investigation by the Ombudsman.

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Final decision

9. We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council to justify an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman