Summary: We will not investigate this complaint about costs associated with a Liability Order for council tax arrears because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council issued a summons against her for non-payment of council tax. She stated she did not receive any payment reminders prior to this and was blocked by the Council from attending or rescheduling the court hearing.

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The Ombudsman’s role and powers

2. 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

3. I read the complaint and correspondence between Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X agreed a monthly payment plan for her 2021/22 council tax and paid for April, and for June to November. The Council did not receive a payment for May.
6. The Council issued a reminder notice in June and August informing Ms X her account had not been brought fully up to date. A final notice was sent in September for the full amount as she had lost the right to pay by instalments. Ms X stated she did not receive these, but I have no reason to doubt they were sent.
7. If someone does not pay all the council tax due in a reply to the final demand, the law allows a council to serve a summons, which they did in October. The Council was not at fault in pursing recovery and its actions were in accordance with council tax regulations.
8. In both responses to Ms X’s Stage 1 and Stage 2 complaint, the Council offered to withdraw the summons and associated costs if she was able to pay the outstanding amounts. Ms X did not make the payments.
9. Ms X stated it was unlawful that she was blocked from attending the hearing by the Council, which had caused her cost and stress. Whether or not this is the case had no bearing on the outcome. The Council gave Ms X the opportunity to have the summons charges waived twice, which she did not take up.
10. The Council was not at fault in issuing reminders, final notices and summonses. There are no grounds for the Ombudsman to investigate the complaint.

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Final decision

11. We will not investigate Ms X’s complaint because there is no evidence of fault by the Council causing Ms X injustice.

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Investigator's decision on behalf of the Ombudsman