Summary: We will not investigate this complaint about the Council pursuing council tax arrears. There is not enough evidence of fault to justify our involvement.

The complaint

1. Miss X complained about the Council’s decision to ask her to pay council tax arrears on a property she lived in with a previous partner, Mr Y. She said Mr Y was abusive, and it was unfair to hold her responsible for his contribution of the council tax. She said the Council had not done enough to locate Mr Y. Miss X said the Council did not consider the potential risks when it asked if she was able to identify where Mr Y lived.
2. She said she had asked the Council to consider a discretionary section 13A discretionary discount. However, it wanted to use a current financial means in that assessment.

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The Ombudsman’s role and powers

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, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. We will not investigate Miss X’s complaint about the Council’s decision to hold her responsible for council tax arrears. Miss X and her ex-partner are jointly and severally liable for the council tax. That means each of them are responsible for paying the whole charge. Where a joint bill is unpaid a council can pursue either party for the remaining debt.
7. The evidence provided by Miss X indicates, the Council either could not locate, or was unsuccessful in getting Mr Y to make the payments. Instead, it had decided to pursue Miss X. Although Miss X is unhappy about that decision to pursue her, it is entitled to do that. There is not enough evidence of fault to justify our involvement.
8. We will also not investigate Miss X’s complaint the Council asked her for help in locating Mr Y. Miss X was entitled to refuse to help if she felt it placed her at any risk. The conversation appears to have arisen out of Miss X’s request to trace Mr Y. Although I appreciate the potential distress caused to Miss X, there is nothing worthwhile to be achieved through investigating this further.
9. The Council has explained that to consider a Section 13A discretionary payment, Miss X must complete a means test. This is based on her current financial circumstances. Further investigation will not lead to a different outcome.

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Final decision

10. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman