Summary: We will not investigate this complaint about Council’s decision to recover historic council tax debt. This is because there is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained about the Council’s decision to recover historic council tax debt. He said the Council cannot recover the debt because the Limitation Act 1980 sets debt recovery at six years. He said he did not receive a copy of the liability order, and the Council started enforcement action.
2. He said the Council’s decision to recover the outstanding debt through Enforcement Agents caused him worry and negatively affected his health. He wants the liability order to be revoked.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by complainant the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X complained the Council did not communicate with him about council tax arrears between 2001-2008 and contacted him in 2009. He said the Council rejected his request for a payment plan. We expect a person to complain to us within 12 months of being aware of a matter, therefore, the complaint is late, and there is no good reason to exercise discretion to consider it now.
9. Mr X complained to the Council in 2025 about its decision to recover the outstanding council tax debt. Mr X said the Limitation Act 1980 sets debt recovery at six years. In the Council’s complaint response, it confirmed it got the liability order in 2009 and therefore could recover the debt.
10. Although Mr X disagrees, we will not investigate this complaint because the law allows the Council to recover the debt because there is no time limit to recovery action once a liability order has been granted. We are satisfied Mr X was aware of the debt from 2009. The Council had previously applied deductions and agreed a payment plan with Mr X. There is not enough evidence of fault to justify our involvement.

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Final decision

11. We will not investigate Mr X’s complaint because there is enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman