Summary: We will not investigate this complaint about a wrongly issued summons for non-payment of council tax. The Council has accepted fault, withdrawn the summons and apologised to Ms Y. This is an appropriate remedy for the injustice caused and further investigation by us would not lead to a different outcome.

The complaint

1. Mr X complains the Council wrongly issued his daughter, Ms Y, with a summons for non-payment of council tax. Although the Council accepted Ms Y was exempt and withdrew the summons, he says the Council’s actions caused her distress. He wants the Council to provide a full apology and a financial remedy for the distress caused and time and trouble taken raising the complaint and improve its service.

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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:

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

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My assessment

5. In the complaint responses sent to Mr X, the Council accepted Ms Y was exempt from council tax. It said as soon as it had been made aware of the error, it had withdrawn the summons and written to Ms Y to apologise for the distress and inconvenience caused. It said although it accepted its error, it had sent Ms Y a council tax bill and a reminder notice and so Ms Y had missed two opportunities to notify the council tax team earlier of its error and prevent the issuing of the summons. It considered the apology issued was sufficient to remedy the injustice caused.
6. I have seen evidence that the Council produced the Council tax bill and reminder notice and sent these to Ms Y. The Council says it did not receive any notification that these had been returned or were undelivered.
7. We will not investigate this complaint. Although Mr X says Ms Y never received the bill or reminder notice, I am satisfied the evidence show these were sent. We could not conclude the fact she did not receive them was Council fault. As soon as it was made aware of its error, the Council withdrew the summons and apologised to Ms Y. This is an appropriate remedy for the distress caused. Further investigation by us would be unlikely to add to this or lead to a different outcome.

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Final decision

8. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman