Summary: We will not investigate this complaint about how the Council’s enforcement action for the complainant’s non-payment of council tax. The complaint concerns matters which have been considered by a tribunal and the courts, we cannot investigate. Also. the Council has agreed to waive court costs and offered the complainant a new arrangement to clear arrears. Further investigation is unlikely to lead to a different outcome.

The complaint

1. The complainant, I shall call Ms B, says the Council:
• failed to tell her about a court hearing
• failed to tell the magistrate about her financial distress; and
• unfairly fined her for court costs.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A (6), as amended)

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How I considered this complaint

5. I considered all the information provided by Ms B, including her complaint form and emails.

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What I found

6. Ms B says the Council did not tell her about her court hearing. Nor did it tell the magistrate the full information about her financial situation.
7. The Council took legal action against Ms B for non-payment of council tax. It confirms she owes council tax arrears for 2018, 2019 and 2021. During these years Ms B received the maximum available reduction in her council tax payment.
8. However, Ms B is waiting for the result of a Universal Credit Tribunal. So the Council says it has arranged for the court costs to be removed and a new arrangement set up to clear hour council tax liability for this year and the arrears. It confirms she will receive new bills and a letter to explain this. It will also ask her to contact the Council if she is not able to afford the arrangement.
9. The matters Ms B complains of have been the subject of a tribunal hearing and the courts. The Council has confirmed the ‘fine’ she refers to in her correspondence is actually court costs. 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.

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Final decision

10. I will not investigate this complaint as the matter has been to court and any dispute about payment or court costs was for the court. In addition, the Council has now waived the court costs and offered Ms B a new arrangement to clear her arrears. Further investigation is unlikely to lead to a different outcome.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman