Summary: We will not investigate this complaint about council tax. This is because the complaint is late and there is no good reason for this. There is not enough evidence of fault in the Council’s more recent actions to warrant investigation.

The complaint

1. Mr X complains the Council failed to include a council tax debt from 2023 in his Debt Relief Order (DRO. He says the Council advised him in 2023 it would use its discretion to write off the debt. He says the Council is now unfairly pursuing recovery of the council tax arrears.

Back to top

The Ombudsman’s role and powers

2. 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).
3. 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), section 34(B)).

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X complained to the Council regarding the matters in paragraph 1.
6. The Council replied it had no evidence Mr X advised it he was pursuing a DRO in 2023. It had not received notification from the Insolvency Service. It said it had no record that any officer said the debt would be written off. The Council had agreed a payment arrangement in March 2024. It had written to Mr X in July 2024 when he failed to keep to the arrangement.
7. The Council also confirmed it had issued a discretionary council tax reduction (S13A) form in April 2024, but Mr X had not returned it.
8. We will not investigate this complaint because it is late. It is more than 12 months since he became aware of the alleged fault. Mr X complained to the Ombudsman in March 2026, but he was aware the Council had not included the council tax arrears in a DRO, or used its discretion to reduce or write off the debt by March 2024. This is because Mr X agreed to a payment arrangement in March 2024. I do not consider there are good reasons for Mr X’s complaint being late.
9. There is not enough evidence of fault by the Council to warrant investigation into its recent actions. The Council issued a notice to Mr X confirming its enforcement agent could take action regarding the debt. However, it placed a hold on recovery so that he could make a payment arrangement.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because it is late. There is not enough evidence of fault in the Council’s recent actions.

Back to top

Investigator's decision on behalf of the Ombudsman