Summary: We will not investigate this complaint about the way the Council processed the complainant’s council tax. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, complains about the way the Council processed her council tax. She says there has been poor and misleading communication which led to a summons and court costs. Mrs X wants the Council to refund the £60 costs.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and comments Mrs X made in reply to a draft of this decision.

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My assessment

4. Councils can take legal action if someone does not pay their council tax as billed. If someone pays late the Council will issue a reminder. If the person pays late after receiving two reminders they lose the right to pay by instalment and must immediately pay all the outstanding council tax due for the financial year. If they do not pay the full amount the Council can issue a summons and charge costs.
5. In April 2021 the Valuation Office told the Council it had increased Mrs X’s council tax band. The Council issued a new bill because Mrs X needed to pay more council tax. The bill said the amount would be paid by direct debit from 25 May. The bank did not pay the direct debit. Mrs X was unaware the direct debt had failed. The Council issued a new bill in June which was headed – unpaid direct debit. The bill no longer referred to payment by direct debit and explained the amount she must pay by the first of the month, starting from 1 July.
6. Mrs X made payments by standing order but she did not pay the full amount and virtually every payment was late. The Council issued two reminders. Mrs X paid after each reminder but as she continued to pay late the Council issued a Final Notice requiring immediate payment of £531. Mrs X did not pay £531 so the Council served a summons and charged costs of £60. Mrs X called the Council and immediately paid all the council tax and costs.
7. Mrs X says she made regular payments, was not told the direct debit had failed, and received misleading information.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The problems seem to flow from the failed direct debit. Neither I nor the Council know why this happened, but the Council promptly issued a new bill which referred to the failed payment and set up new payment dates. The bill states action will be taken if payments are late. Mrs X made payments but most of were late and were not for the full amount. The law allows councils to issue a Final Notice if someone pays late after receiving two reminders; it also provides for a summons if the person does not immediately pay all the remaining council tax. The documents set out what needs to be paid and when. I have considered what happened and the information the Council provided and there is nothing to suggest we need to start an investigation or that there are grounds for the Council to issue a refund.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman