Summary: We will not investigate Mr X’s complaint regarding the withholding of his council tax and the failure of the Council to reply to his concern about its ethical investment policy. There is no fault in the Council demanding Mr X pays his council tax. He may reasonably pursue his underlying concern with councillors.

The complaint

1. Mr X complains the Council has refused to continue with an agreement covering his council tax for 2020/21 whereby it allowed him to withhold a small amount of council tax. Mr X says the legal section’s promised reply, regarding his concerns about the Council’s investment policy and military manufacturers, has not been provided. Mr X says the 2020 agreement is binding and he has not had a reply from the legal department.
2. Mr X complains the Council is threatening to take court action to recover the council tax and has issued incorrect notices. Mr X says he is not able to pay his council tax due to the failure of the Council to reply to his concern. He says the Council has caused him stress and time and trouble.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I have considered Mr X’s information and comments and discussed the complaint with him by telephone. The information includes council tax correspondence and the reply to his complaint. I have considered Mr X’s reply to my draft decision statement.

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My assessment

5. I will not investigate this complaint for the following reasons:
6. There is no fault in the Council requiring Mr X to pay his council tax. The Council’s letter, 4 May 2021, is clear it requires Mr X to pay £69.13 from 2020/21 and the full council tax this year. It says the legal section had said it did not intend to comment further to Mr X. A repayment plan at £170 per month was offered. The council tax section confirmed the position in June 2021 and gave Mr X the email of the legal department should he wish to pursue the matter. Mr X’s view that the agreement of summer 2020 is legally binding and absolves him of the duty to pay the full tax is for a court to decide. Should the Council take recovery action the magistrates will decide whether he has good reason for withholding payment of his tax.
7. Mr X’s underlying concern about the Council’s investment policy, and his communications with the legal section, is not something the Ombudsman will investigate. Essentially it is a political or moral issue which Mr X can reasonably pursue via his local councillors.

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Final decision

8. The Ombudsman will not investigate Mr X’s complaint regarding the withholding of his council tax and the failure of the Council to reply to his concern about its ethical investment policy. There is no fault in the Council demanding Mr X pays his council tax. He may reasonably pursue his underlying concern with councillors.

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Investigator's decision on behalf of the Ombudsman