Summary: We will not investigate this complaint about the Council issuing a summons and taking recovery action for unpaid Council Tax, and not responding to a Subject Access Request within the required timescale. This is because we could not add to any previous investigation by the Council and further investigation would not lead to a different outcome. In addition, there is another organisation better placed to consider the complaint about the Subject Access Request.

The complaint

1. Mr X says the Council issued a summons against him for unpaid Council Tax without issuing any bills or reminders to the correct address. He says the Council went on to instruct an enforcement agent despite having evidence to show that he did not live at the address they had been writing to so would not have received correspondence.
2. Mr X also says the Council failed to respond to a Subject Access Request (SAR) within the required timescale.
3. Mr X says he has been caused extreme distress and anxiety.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

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

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My assessment

9. Mr X says the Council issued documentation regarding council tax at his new home, which he had not occupied immediately, to his old address after he moved. He says he therefore did not receive any documents to tell him his council tax remained unpaid on his new property. Mr X says that he only became aware of this when the new owners of his old house passed letters to a neighbour who still had contact with him.
10. Mr X says a different department of the Council knew of his new address and should have passed this information to update the council tax department.
11. The Council said it had an occupation form for Mr X’s new property which asked that council tax correspondence about it should be forwarded to his old address so this is where it sent any correspondence. We cannot therefore say the Council was at fault for this as it had followed Mr X’s instructions. We would not expect a Council to pass information between departments regarding possible address changes, because it is the responsibility of the council tax payer to tell the Council’s tax department about changes.
12. The council tax department did not become aware that Mr X had moved into his new property until after the summons was issued. Mr X says he has been caused extreme distress and anxiety by receiving documentation about the summons. While I recognise this may have upset Mr X, the law says we cannot investigate the start or conduct of court action, which begins with the issue of a summons.
13. The Council has removed any recovery costs from Mr X’s account and has taken action to reminded staff to check accounts and reissue letters where there is a possibility the taxpayer did not receive correspondence. The Council has also recommended internal departments notify the council tax department if they become aware that properties are occupied if this does not match the record held.
14. Mr X informed the Council he had moved when he received the copy correspondence but did not receive a response from the Council for several weeks. In this time, Mr X’s account was referred to an enforcement agent. The Council also later advised that the summons had been withdrawn which is not correct.
15. Mr X also says when the account was referred to an enforcement agent this caused him worry as he was unsure whether they would attend the property he no longer owned. The Council was looking at the issue with the council tax shortly after the account was referred and Mr X cleared the outstanding amount very quickly so any worry regarding the enforcement agent would have been reduced.
16. The Council has taken enough action to remedy the injustice its actions caused Mr X, and it is unlikely we could add to its investigation or achieve more.
17. Mr X says the Council did not respond to his SAR within the required timescale. The Information Commissioner’s Office is best placed to consider complaints about data protection.

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Final decision

18. We will not investigate Mr X’s complaint because we could not add to any previous investigation by the Council and further investigation would not lead to a different outcome. In addition, there is another organisation better placed to consider the complaint about the Subject Access Request.

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Investigator's decision on behalf of the Ombudsman