Summary: We will not investigate this complaint about the Council taking recovery action over non-payment of council tax instalments. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council issuing him with a summons and applying for a liability order to recover unpaid council tax instalments from him. He says he never received his annual council tax demand or the reminder and summons issued ort him. This meant he had to pay an additional £110 costs which he believes is unreasonable.

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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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

5. Mr X says he did not receive his council tax demand in March 2023 as he has done for the previous 20 years. He failed to make payments for April, May and June and on 19 June he received a text from the Council. It said that it had issued a summons for the missed instalments and that it was taking action in the magistrates court for a liability order.
6. Mr X says he had received no contact from the Council until this point and that the costs of £110 for the court action should be refunded. He has now paid the missed instalments. The Council says it issued the billing information to the address he provided and there is no reason to believe the documents were not delivered.
7. Mr X was aware that he had not received the demand and that he had not made any payment for the missed instalments. He did not contact the Council and the automated recovery procedure issued a summons and started proceedings because he had not paid. It was reasonable for him to expect the missed payments would be recovered if he did not attempt to make payment. The Council’s website makes it clear what the procedure is for making payments and what recovery action would be taken in default.

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Final decision

8. We will not investigate this complaint about the Council taking recovery action over non-payment of council tax instalments. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman