Summary: We will not investigate this complaint about the Council’s handling of Mr X’s Council Tax account. This is because there is no evidence to suggest fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains about the Council’s handling of his Council Tax account and that he did not receive any reminder notifications before the Council took enforcement action. He says it was wrong to proceed with an Attachment of Earnings Order when he had not received the warning notifications.

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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
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council, including its response to the complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council about the enforcement action it took against him in relation to Council Tax arrears at two previous properties. He said he had not received any reminder notifications before the Council issued him with a summons.
6. The Council gave details of the reminder notifications it had sent Mr X at both properties and explained that having sent them, by law, it was entitled to assume they had been received. It also explained that it had sent the notifications to the address it had as being Mr X’s current address at the time. It said it has taken action to set up an Attachment of Earnings Order because the payment arrangement agreed upon with Mr X had not been kept.
7. While it is unfortunate Mr X did not receive the reminder notifications sent to him by the Council, it is entitled to assume letters sent have been received. The Council did accept it had failed to respond to an email Mr X had sent in October 2022 and it apologised for this but noted it had subsequently clarified Mr X’s position and agreed a repayment arrangement with him. There is insufficient evidence of fault by the Council in its handling of Mr X’s Council Tax account to warrant an investigation by the Ombudsman.

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Final decision

8. We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman