Derby City Council (25 013 293)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 28 Jan 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to take recovery action against Mr X for unpaid council tax. This is because any injustice sustained is not significant enough to warrant investigation.
The complaint
- Mr X complained the Council held him liable for council tax despite his letting agents informing it the property was tenanted for the periods concerned.
The Ombudsman’s role and powers
- 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:
- any injustice is not significant enough to justify our involvement, or
- we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained that despite his letting agents contacting the Council several times between 2023 and 2025 to confirm the property was tenanted and Mr X was not liable for council tax, the Council instructed bailiffs to attend his home and recoup unpaid council tax.
- Mr X said his letting agents sent the Council an email confirming the dates the property was tenanted approximately a month before the bailiffs visited his home along with tenancy agreements. He asked for £750 as a compensation for distress and reputational harm.
- The Council advised the dates provided in the email were incorrect and overlapping. The Council said it did not receive information to clarify the discrepancies and so it continued to take recovery action. The Council refunded the money taken but would not agree to provide Mr X with compensation.
- Mr X wants us to find the Council at fault. The Council has explained why it held Mr X liable for the council tax and has ultimately ceased recovery action and returned the money taken. Any injustice sustained beyond this is not sufficient to warrant further investigation.
- Mr X has asked for £750 to acknowledge his distress and upset. The Ombudsman does not level punitive measures against councils; this level of award is not proportionate to what has happened and is not in line with our approach to remedies.
Final decision
- We will not investigate Mr X’s complaint because any injustice sustained is not sufficient to warrant investigation.
Investigator's decision on behalf of the Ombudsman