Summary: We will not investigate this complaint about the Council’s billing and collection of council tax. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council failing to properly arrange his monthly instalment payment request for council tax and payment by direct debit. As a result, he says he received a letter threatening court action and lost his right to pay by instalments. He had to pay the remaining annul sum which he says has left him financially in difficulty.

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The Ombudsman’s role and powers

2. We investigate 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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mr X says he asked the Council at the start of the financial year to change his council tax payments from the statutory 10-month instalments to a 12-month arrangement. The Council agreed to this and issued a payment plan for the first instalment due on 1 May and the following on 1 June. The Council says it sent Mr X details of how to pay by direct debit but no mandate with his bank details was provided by him.
6. When the May payment was overdue a reminder was issued by the Council. He paid at the end of the month but the following June 1 payment was also missed and a second reminder sent. Because of the late payments and following missed payments the Council sent Mr X a letter which cancelled his instalments and demanded the full amount remaining. It also advised him that failure to pay would result in a summons and action in the Magistrates Court.
7. Mr X says he was upset by the letter which he considered to be threatening and that paying the full amount left him short of finances. He also claims he has been overcharged.
8. The Council is the billing authority and it is required to issue reminders for overdue payments before it can serve a summons for court recovery of any arrears of council tax. I can see no fault in the Council issuing standard letters of reminder and future recovery action. It is a requirement of the guidance on recovery to inform taxpayers that they are in arrears and what the next action will be.
9. There is no evidence to indicate that Mr X provided his bank details to the Council to set up a direct debit to claim the instalments on the due dates. The Council has not stated that Mr X’s account has been overpaid or that he is due credit for any payments he made so far.
10. When considering complaints, we may not question whether the decision the Council has made is right or wrong or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members when there is no fault. This means we will not intervene in disagreements about whether there is fault in a decision. In this case the Council followed the correct procedure for issuing reminders and letters about Mr X’s account.

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Final decision

11. We will not investigate this complaint about the Council’s billing and collection of council tax. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman