The Ombudsman's final decision
Summary: We will not investigate this complaint about The Council recovering unpaid council tax from Miss X. There is insufficient evidence of fault to warrant an investigation.
The complaint
Miss X complained about the Council continuing to bill her for council tax after she moved abroad for a period of time. She says she was not told that she needed to inform the council that she was no longer resident or eligible for the tax.
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.
(Local Government Act 1974, section 24A (6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says she vacated her rented flat and moved abroad for several months. When she returned, she found that enforcement agents had left a letter at her ex-partner’s address which informed her she owed over £940 in unpaid council tax. She says she was unaware that she needed to inform the Council that she had vacated the property and that the Council should refund her for the payment which she made under duress.
Councils as billing authorities have a duty to recover council tax from the householders registered at a particular address. The onus is on the resident to inform the authority when they vacate so that the account can be apportioned and a new one created if they move within the Council area. If they move away then the account will be ended on the date when they left. Miss X did not inform the Council she had vacated so her account remained open and the Council took recovery action when no payment or contact was received.
Following Miss X’s recent complaint, the Council told her that if she can provide evidence of the tenancy ending when she claims the outstanding empty rate charge would be passed on to the landlord who would be liable until the property was sold.
When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members when there is no fault. This means we will not intervene in disagreements about the merits of decisions. In this case the Council followed the procedure for recovering unpaid council tax and it was Miss X’s responsibility to inform it that she had vacated the property and was leaving the area.
Final decision
We will not investigate this complaint about The Council recovering unpaid council tax from Miss X. There is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman