The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to start bankruptcy proceedings against Mr X and that the Council delayed in telling him he owed council tax. This is because the complaint is outside the Ombudsman’s jurisdiction. In addition, there is insufficient evidence of fault with the Council’s actions between 2008-2019.
The complaint
Mr X complains about the Council’s decision to start bankruptcy proceedings against him due to a council tax debt. He also complains the Council delayed in telling him he owed council tax, and he disputes that he owes any council tax.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended) The law says we cannot normally investigate a complaint when someone could take the matter to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X received council tax support from the Council between 2008-2019. This support reduced Mr X’s council tax liability for each financial year to £0. The Council correctly provided Mr X with council tax bills showing this between 2008-2019.
In 2019, the Council discovered Mr X owned a property. Mr X had not previously disclosed this information. As a result of discovering this, the Council withdrew the council tax support it provided to Mr X between 2008-2019. This meant Mr X was now liable for the full council tax bill for each financial year. The Council appropriately sent Mr X council tax reminder notices in September 2019 which asked him to pay his council tax liability.
Therefore, an investigation is not justified as there is insufficient evidence of fault with the Council’s actions between 2008-2019. The Council could not have notified Mr X of the arrears before 2019 as it only withdrew council tax support that year.
The Council confirmed Mr X had appealed the Council’s decision to withdraw council tax support. Therefore, the Ombudsman has no jurisdiction to consider the matter.
Mr X’s complaint about the Council’s decision to take bankruptcy proceedings is also out of our jurisdiction. This is because proceedings have now started, and Mr X can make representations to the Court.
Final decision
We will not investigate Mr X’s complaint because it is outside of the Ombudsman’s jurisdiction. In addition, there is insufficient evidence of fault with the Council’s actions between 2008-2019.
Investigator's decision on behalf of the Ombudsman