Rossendale Borough Council (25 013 713)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 19 Jan 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about council tax arrears. This is because part of the complaint is late. There is no evidence of fault to warrant investigation into the Council’s more recent action.
The complaint
- Mr X says the Council failed to tell him about outstanding council tax from 2022 and then in 2025 took enforcement action adding unfair costs and fees.
The Ombudsman’s role and powers
- 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).
- 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)).
How I considered this complaint
- I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council in August 2025 regarding the matters in paragraph 1.
- The Council replied Mr X had contacted it in April 2023 after he received a liability order notice. He had completed a financial information form and made an offer of payment. Mr X paid £10 but then did not make any further payments.
- The Council said it passed the account to its enforcement agent in June 2025 after it sent a warning letter in May. The Council sent correspondence to his last known address. The enforcement agent had added fees for the enforcement action it had taken. The agent traced Mr X to his current address.
- The Council put a hold on the enforcement agent’s action for 30 days to allow time for Mr X to pay or make an arrangement to pay.
- We will not investigate Mr X’s complaint that the Council did not advise him about the outstanding arrears from 2022. This is because Mr X was aware of the arrears in April 2023. Therefore, the complaint is late and there are no good reasons for this.
- We will not investigate more recent matters from May 2025 because there is not enough evidence of fault to warrant investigation. The Council sent a warning letter to Mr X’s last known address in accordance with legislation before passing the account to its agent. The Council is not required to contact by telephone or email.
Final decision
- We will not investigate Mr X’s complaint because part of it is late and there are no good reasons for this. There is no evidence of fault warranting investigation in the more recent matters in Mr X’s complaint.
Investigator's decision on behalf of the Ombudsman