Summary: We will not investigate this complaint about council tax arrears because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council has instructed bailiffs to recover council tax arrears which he has already paid.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. We cannot investigate a complaint if someone has appealed to a tribunal about the matter. (Local Government Act 1974, section 26(6), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

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My assessment

5. Mr X says the Council has wrongly classified his property as a House of Multiple Occupation (HMO) and has wrongly charged him council tax. Mr X disputes he owes council tax for this reason. Mr X has appealed to the Valuation Tribunal and is waiting for a hearing. The law says people must pay their council tax, as billed, while waiting for an appeal decision from the tribunal.
6. The Council asked bailiffs to collect council tax arrears on two accounts for this property. Mr X complained to the Council that the bailiffs were harassing him and chasing him for arrears he had already paid. In response, the Council explained that he had cleared one account but still owed £254 for the second account.
7. I cannot comment on the dispute about whether the property is an HMO. This is because Mr X has appealed to the tribunal and the law says we cannot investigate any issue that forms part of an appeal to the tribunal.
8. I will not investigate the issue that Mr X is being chased for money that he has already paid. This is because the Council has explained that he has only cleared one account and the documents show he has two accounts. In addition, while the bailiffs have been in contact with Mr X, I have not seen anything to suggest harassment or anything to suggest we need to start an investigation.

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Final decision

9. I will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman