Summary: We will not investigate Mr X’s and Mrs Y’s complaints about the Council’s handling of their council tax account. On some matters the injustice is not significant enough to justify us investigating. On other matters, investigation by us cannot achieve anything more.

The complaint

1. Mr X and Mrs Y complain about the Council’s handling of their council tax account. They say the Council recorded their address incorrectly, resulting in correspondence being sent to the wrong address. They complain about the Council’s continued recovery action whilst they have an active dispute. They also complain about the Council’s handling of their complaints and of a separate settlement matter. They want an investigation into the Council’s actions.

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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, or
• there is no worthwhile outcome achievable by our investigation.

(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 Mrs Y.
4. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council said it sent council tax correspondence to the address recorded on the Local Land and Property Gazetteer, which is the Council’s master address database.
6. In addition, the evidence I have seen suggests that Mr X and Mrs Y did receive council tax correspondence from the Council, including the tax summons.
7. Because Mr X and Mrs Y received relevant council tax correspondence, I do not consider the injustice caused by the allegedly incorrect address is significant enough to justify us investigating. If Mr X or Mrs Y disagree with the addressed recorded, it is open to them to contact the Council’s revenue team to update their correspondence address.

Enforcement action

8. Councils can take recovery action for unpaid council tax where it has obtained a liability order, including instructing enforcement agents. The law does not prevent a council from continuing recovery while a dispute is ongoing. It may however make reasonable adjustments for vulnerable debtors.
9. The complaint response shows the Council informed its enforcement agents about Mr X’s and Mrs Y’s reported vulnerabilities. The case is now being managed by its welfare team. Since Mr X and Mrs Y complained to us the Council has withdrawn the tax summons and suspended recovery until 30 June 2026.
10. There is not enough evidence of fault on this point to justify us investigating. The Council has considered Mr X’s and Mrs Y’s vulnerabilities and made adjustments to its enforcement action. It is however entitled to continue enforcement action to recover the outstanding council tax and the active complaint from Mr X and Mrs Y does not prevent the Council from doing this.

Complaint handling

11. The council acknowledged shortcomings in its complaint logging. It apologised to Mr X and Mrs Y for this and offered them a symbolic payment. The action taken by the Council to remedy the injustice caused by its errors is appropriate. Investigation by us would not achieve anything more.

Settlement

12. The Council acknowledged that it did not refer Mr X’s and Mrs Y’s settlement proposal to the legal team as it should have. It has apologised for this and offered them a symbolic payment for its error. It also invited them to resend the proposed settlement to its legal team. The action taken by the Council to remedy the injustice caused by its errors is appropriate. Investigation by us would not achieve anything more.

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Final decision

13. We will not investigate Mr X’s and Mrs Y’s complaint because on some matters the injustice is not significant enough to justify us investigating. On other matters, investigation by us cannot achieve anything more.

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Investigator's decision on behalf of the Ombudsman