Summary: We will not investigate this complaint about council tax issues relating to a property rented out by the complainant. The complainant can appeal to a tribunal about any decision on her council tax liability. There is no evidence of fault in how the Council notified the complainant of a court hearing.

The complaint

1. Ms B has complained about issues relating to council tax for a property she owns. In summary, she says:

• Errors by the Council led to her losing a tenant In 2019 resulting in a loss of income of around £10,000.
• The Council has not provided her with details of her current council tax liability.
• She received a text message about a court summons the day before the hearing.

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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. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. 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. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by Ms B and the Council. I have also considered our Assessment Code.
6. Ms B commented on a draft before I made this decision.

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My assessment

7. I have decided we will not investigate events in 2019. I do not consider it likely we could conclude the Council was responsible for Ms B’s financial losses relating to her letting a property.
8. The Council says it has asked Ms B to provide information so it can establish her liability for council tax. I consider Ms B should provide anything the Council needs. If she then disagrees with any decision by the Council, she will have a right of appeal to the Valuation Tribunal.
9. The Council has provided a copy of the summons and information it sent to Ms B in February 2021. I am satisfied the Council sent this to the last address provided by Ms B for correspondence relating to the property. She could have paid the outstanding amount before the court hearing and avoided additional costs. I am satisfied the text she received was a reminder and she should already have been aware of the court hearing.

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Final decision

10. I have decided we will not investigate the complaint for the reasons given in paragraphs 7, 8, and 9.

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Investigator's decision on behalf of the Ombudsman