The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to pursue him for payment of outstanding council tax and not the other jointly liable person. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mr X, complained the Council has pursued him for payment of outstanding council tax and not the other jointly liable person.
The Ombudsman’s role and powers
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 or may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X told us he and another party are both responsible for a council tax bill. He said he has paid well over half of the bill and the Council is not pursuing the other party for the remainder or any of the bill. Mr X told us he thinks the laws and regulations should be changed so that a joint bill should be paid by all parties and not just one party based on their financial or employment status. He wants the Council to refund him the excess money paid and pursue the bill with the other liable party.
The Council considered Mr X’s complaint. It considered the relevant laws and regulations which apply to council tax recovery and enforcement. When a joint council tax bill is unpaid a council can pursue either of the jointly liable people for the remaining debt. The law allows the Council to take the action it has taken. The Council told Mr X it cannot disclose to him details of any steps taken against the other party.
In this case there is insufficient evidence of fault by the Council. This is because it acted within the law. We cannot criticise it for doing so. We have no powers to overrule the Council’s decision and provide the outcome Mr X is seeking.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman