Summary: We will not investigate this complaint about the way the Council dealt with his Council tax payments because there is no evidence of fault by the Council, and he could appeal the court decision and appeal to a tribunal.

The complaint

1. Mr X says that the Council acted unreasonably in pursuing his Council tax payments.

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The Ombudsman’s role and powers

2. 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)
3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
6. 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)

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The Council says that Mr X was in arrears of Council tax of £495 for the year 2020/2021, and £1243 by March 2022. Mr X says he found it hard to contact the Council to discuss payment.
10. The Council accept that the telephone contact number is frequently busy and has apologised. They have also apologised for delay in assessing his Council tax support and adjusting his single occupation discount. Mr X says that he wanted to go to court to dispute the Council’s summons but he was prevented. The Council says that during covid the courts would only accept appearances in exceptional circumstances.
11. Mr X has a right of appeal any decision not to backdate his Council tax support. He could also appeal the court’s decision to ussie the Liability Order.
12. I appreciate that Mr X found the process exhausting but ultimately the Council told him of his liability and debts and he had the opportunity to make payments. The Council’s enforcement of his Council tax debts are not therefore administrative fault by the Council and the Ombudsman could not therefore be critical. The Council’s apologies are sufficient to remedy those parts of the complaint.

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Investigator's decision on behalf of the Ombudsman