Summary: We will not investigate this complaint about the Council’s pursuit of Mr X for unpaid council tax which has now been withdrawn. This is because the residual injustice is insufficient to warrant an investigation by us.

The complaint

1. Mr X complains the Council incorrectly assessed his liability for council tax on a property he rents out. Mr X says the Council obtained two Liability Orders against him for council tax for a period the property was occupied by tenants. Mr X says he provided the Council with evidence of the tenancy however this was not properly considered by the Council. Mr X says this caused significant stress and financial loss and wants the Council to review his case.

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The Ombudsman’s role and powers

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 any injustice is not significant enough to justify our involvement, (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says his property was rented out to tenants during the period the Council is stating Mr X was liable for council tax. Mr X says he is not liable for the amount being pursued as this should have been paid by his tenants. Mr X submitted evidence of the tenancy to the Council which he says the Council failed to consider.
6. Since Mr X’s initial complaint to us, Mr X and the Council have confirmed the Liability Orders and associated costs have been cancelled with only a small balance remaining to be paid by Mr X for the short period between tenants when the property was unoccupied.
7. The period between Mr X receiving notification of enforcement of the Liability Orders and confirmation that they had been cancelled, was only two months. We do not consider this to be a substantial period of uncertainty for Mr X.
8. The Ombudsman will not investigate complaints where the injustice sustained to the complainant is not significant. Whilst this matter no doubt caused Mr X upset, any liability for council tax for the period in question has now been withdrawn. Any residual injustice is not sufficient to warrant investigation.
9. Mr X is also unhappy with the Council’s handling of his complaint. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

10. We will not investigate Mr X’s complaint because any residual injustice experienced is insufficient to warrant an investigation by us.

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Investigator's decision on behalf of the Ombudsman