London Borough of Merton (25 020 774)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 09 Apr 2026

The Ombudsman's final decision:

Summary: We will not investigate this complaint about council tax recovery action. Part of the complaint is late and there is not enough evidence of fault regarding recent matters to justify investigation.

The complaint

  1. Ms X says the Council unfairly obtained a liability order and pursued recovery of council tax using enforcement agents when she had made payments. She says she is vulnerable and the enforcement agent’s visits caused distress.

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The Ombudsman’s role and powers

  1. 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).
  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. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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How I considered this complaint

  1. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

  1. Ms X complained to the Council regarding the matters in paragraph 1.
  2. The Council replied setting out the events that led to the summons it issued in July 2023. It confirmed Ms X had not paid in accordance with the instalments. After the Council obtained a liability order in court, the Council passed the account to its enforcement agent who visited in 2024. Ms X made an arrangement to pay but did not make payments.
  3. In February 2025 the enforcement agent contacted Ms X about £425 which was still outstanding. The Council said its agent would consider Ms X’s vulnerability if she contacted it to provide further information. The Council did not uphold Ms X’s complaint.
  4. We will not investigate Ms X’s complaint about the Council’s action from 2023 to late 2024. This is because the complaint is late and there is no good reason for this.
  5. We will not investigate Ms X’s complaint about the Council and its agent’s actions from 2025. This is because there is not enough evidence of fault by the Council to warrant investigation. The Council has explained the reasons for its enforcement action and advised Ms X to contact the agent regarding her vulnerability.

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Final decision

  1. We will not investigate Ms X’s complaint because it is late and there is not enough evidence of fault from 2025 to justify investigation.

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Investigator's decision on behalf of the Ombudsman

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