Nuneaton & Bedworth Borough Council (23 019 176)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 20 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax enforcement because there is no evidence of fault by the Council.
The complaint
- Mr X complains that the Council unreasonably imposed a £100 summons charge on his Council tax account.
The Ombudsman’s role and powers
- 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 fault has not caused injustice to the person who complained, or
- any injustice is not significant enough to justify our involvement, or
- we could not add to any previous investigation by the organisation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that, as a previous resident of the Middle East, he was unaware of the need to pay Council tax after he bought his property.
- The Council says that, as no payment had been made toward the Council tax debt, they sent him a reminder letter. The Council adds that no response was received to the reminder letter or the Final Demand. The Council says they advised Mr X to discuss the matter with them by phone. The Council had passed the bill to a bailiff but recalled it as a gesture of goodwill (to avoid any further costs, other than the £100 summons costs).
- Mr X made a payment of the full Council tax (but minus the £100 costs).
- I am satisfied that the Council acted properly in pursuing the debt. Mr X had been sent a bill, reminder and Final Demand letter so would have been aware of the implications of not making a payment. They further acted to avoid any further costs which they were not required to do.
- In the absence of fault by the Council the Ombudsman would not investigate this complaint.
Investigator's decision on behalf of the Ombudsman