Summary: We will not investigate this complaint that the Council will not reduce the complainant’s council tax to reflect that she is in dispute with the police or a complaint that the Council did not let her defend the case in court. This is because there is insufficient evidence of fault by the Council and because the court decided she must pay the council tax.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council will not remove the police part of the council tax bill and did not allow her to defend the application for a liability order. Ms X says the Council could use its discretionary powers to reduce the council tax.

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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))
3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

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

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My assessment

5. The council tax includes a contribution towards the police service. Ms X is in dispute with the police and has made a complaint. Ms X asked the Council to remove the police part of the council tax; she said she would not pay to fund her abusers. Ms X said she would pay the other elements of the council tax.
6. The Council said it cannot reduce her council tax and explained that a dispute with the police is not a valid defence against paying council tax.
7. The Council served a court summons for council tax arrears. The letter said the court hearing would be on 1 July by phone. The letter also said that if Ms X wanted to take part in the court hearing she had to call the Council on 30 June and have a pre-hearing assessment. Arrangements would then be made for the court to call her. Ms X did not call the Council for the pre-hearing assessment so the court did not call her.
8. The court issued a liability order. A liability order is a court order confirming the council tax must be paid. The Council sent Ms X a payment plan and said it may take further action if she does not pay.
9. I will not start an investigation for the following reasons. The law says we cannot investigate any matter that has been considered in court. The court decided Ms X must pay the council tax, as billed, so I cannot start an investigation.
10. In addition, there is insufficient evidence of fault by the Council. The Council correctly told Ms X that it cannot reduce her council tax for the reasons she has given. Council tax is a tax that must be paid – it is not possible for people to opt out of a certain element, whatever their reasons might be. In addition, the Council told Ms X how she could participate in the court hearing. The court did not call Ms X because Ms X did not participate in the pre-hearing assessment.

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Final decision

11. We will not investigate this complaint because the case has been considered in court and because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman