Cumberland Council (25 022 299)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 23 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about council tax recovery action. This is because the is not enough evidence of fault by the Council to warrant investigation.
The complaint
- Mr X says the Council unfairly pursued recovery of council tax for a property he lived in four years ago. He says the Council did not sent bills while he lived there. He said he had moved out and so was not liable. The Council is now taking deductions from his benefits.
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 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 regarding the matters in paragraph 1.
- The Council replied Mr X was liable in 2022 when he said he moved in. It ended his liability in June 2022 when a third party said a tenant moved in. Mr X paid the council tax due in full. However, in 2023 the Council had evidence the tenant did not move in. The Council revised Mr X’s liability until the property was sold. The Council sent a bill for £213 to the property as this was Mr X’s last known address. The Council then progressed recovery action. It obtained a liability order in February 2025 and passed the account to its enforcement agent. The agent traced Mr X to his new address.
- The Council said it had followed the correct recovery process in accordance with legislation. However, it recognised Mr X may not have received the adjusted bill. It offered to remove the added costs if he paid in full. It said he could pay by instalments, or it could make deductions from his benefits.
- There is not enough evidence of fault by the Council to warrant investigation. The Council became aware of a further period that Mr X was liable a year after he left. It sent bills to the last known address. It offered payment options to take account of Mr X’s circumstances.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant our involvement.
Investigator's decision on behalf of the Ombudsman