Summary: We will not investigate this complaint about the enforcement of a Council tax debt because the matter has been remedied.

The complaint

1. Mr X complains that the Council failed to act on his request to suspend action on a summons issued for Council tax arrears as he had made an appeal to a tribunal.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X appealed against a decision to recover overpaid Council tax reduction. This overpayment was presented on his Council tax bill. The Council commenced enforcement actions as he had not paid the bill in accordance with the instalments requested of him.
6. He says that, although telephoned the Council, the Council failed to suspend the action and a Liability Order was issued against him.
7. He complained to the Council and the Liability Order was cancelled and all associated costs, together with an apology. Mr X says that the Council should pay compensation.
8. The tribunal service advise that all payments of Council tax should continue to be made notwithstanding any appeal to their service. Therefore, an outstanding appeal should not be the basis of a suspension of recovery. Nevertheless, the Council cancelled the Liability Order and associated costs and apologised. I therefore consider that the Council’s actions are a remedy to the matter and there are no grounds therefore to investigate this matter further.

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Investigator's decision on behalf of the Ombudsman