Summary: We will not investigate this complaint about the Council’s enforcement of a Council tax debt because there is no evidence of Council fault causing injustice and the matter has been remedied.

The complaint

1. Mr X says that the Council unfairly issued a summons against him for non payment of Council tax and that he was caused time and trouble in pursuing his case in court as a result.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X moved house on 13 January 2022 and Mr X advised the Council of this but, the Council says, he did not provide his new address and so the remaining outstanding bill for his former property was sent to his former property.
7. Although Mr X emailed the Council on 19 February asking for the remaining account to be sent to him, the Council did not reply as the account had been closed. A summons was issued on 23 March with a hearing date of 14 April.
8. The summons stated that the courts were closed due to covid and he should not attend. The summons did, however, advised that he should contact the Council on the telephone number given to discuss the case.
9. Following further emails from Mr X the Council provided details of the outstanding debt and agreed to transfer his previous credit to the new account if he provided proof of his previous payments to the Council.
10. Mr X did this and the Liability Order hearing was cancelled and summons withdrawn with no costs added.
11. Mr X says that he went to the court and this caused him time and trouble.
12. I am satisfied that the summons letter gave him an opportunity to question the imposition of the summons by providing a telephone number for all queries. I do not therefore consider that it was necessary for him to attend the court.
13. The Council cancelled the costs and the hearing which I consider to a remedy to any alleged fault.

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Final decision

14. We will not investigate Mr X’s complaint because there is no evidence of fault by the Council causing injustice and the matter has been remedied.

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Investigator's decision on behalf of the Ombudsman