Torbay Council (22 015 734)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax payments as the matter has been remedied.
The complaint
- Ms X complains that the Council unfairly served a summons upon her for unpaid Council tax.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says that the Liability Order the Council obtained was made unreasonably as she disputed the sums involved.
- The Council accepts that their communications with her were not good and have offered £100 compensation to reflect the problems caused to her by this. However, the Council says that the payments made by Ms X were insufficient to avoid a Liability Order regardless of her dispute about the amounts involved.
- The Council’s decision to seek a Liability Order is not fault if there remains any unpaid tax, notwithstanding the dispute by the liable party. Further, a court decision can be challenged by appeal to the court.
- I am satisfied that the compensation offered by the Council is a satisfactory remedy of the complaint. There are no grounds therefore to investigate this matter further.
Investigator's decision on behalf of the Ombudsman