South Ribble Borough Council (20 005 135)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 28 Oct 2020
The Ombudsman's final decision:
Summary: Mr X complains that the Council failed to take into account all his payments of council tax before issuing a bill. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council and any dispute about payments was for the court to determine.
The complaint
- Mr X complains that the Council failed to take into account all his payments of council tax before issuing a bill.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
- We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.
What I found
- Mr X received a council tax summons in July 2019 for £881 council tax arrears. Mr X maintains that he paid his council tax up to date. The Council wrote to him in May 2020 with a list of the amounts of council tax received from him.
- The matter had been to court and a Liability Order obtained by the Council.
- Any dispute as to whether a debt exists was a matter for the court to determine. The court is an expert body and its decision is binding on the Council.
- Further, the Council provided an explanation of the amounts paid and Mr X can still dispute the debt with the Council if he has evidence of payments made (and unaccounted for).
- I am satisfied therefore that there is no evidence of fault in the way the Council considered enforcement of the debt. The amount of the debt was for the court to determine.
Final decision
- I do not intend to investigate this complaint because there is no evidence of fault and any dispute about payment was for the court.
Investigator's decision on behalf of the Ombudsman