Summary: We will not investigate this complaint about the Council’s handling of Mr X’s council tax liability. This is because the Council withdrew the summons and associated costs issued to him and an investigation is unlikely to lead to a significantly different outcome.

The complaint

1. The complainant, who I refer to as Mr X, complains about the Council’s handling of his council tax liability, communication failures and its failure to support him sufficiently when he has a mental health condition. He says this has resulted in him having to seek further help for his condition and that the Council should award him damages for this.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met.

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How I considered this complaint

3. I considered information provided by Mr X, including the Council’s responses to his complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has acknowledged some fault in its handling of Mr X’s case. However, it withdrew the summons and the associated costs, apologised for any distress caused to him and set up an extended repayment arrangement for the outstanding arrears. Were we to investigate the complaint, we would be unlikely to propose a remedy significantly different to this.
6. Moreover, with regard to Mr X’s claim for damages for the impact the Council’s actions may have had on his mental health, this would be a matter for the courts and not the Ombudsman to determine.

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Final decision

7. We will not investigate Mr X’s complaint because the Council withdrew the summons and associated costs issued to him and an investigation is unlikely to lead to a significantly different outcome.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman