Summary: We will not investigate this council tax complaint because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains of harassment and incompetence by the Council in relation to his council tax. He says the Council failed to issue two reminders and sent threatening letters.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (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 Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Mr X complains about council tax recovery action taken by the Council in 2023 and 2024.
5. The Council took action in 2023 because Mr X had not paid his council tax as billed. He missed some payments and/or did not pay the correct amount. The Council issued reminders in October and November; it then served a summons, and charged costs, because Mr X had not brought his account up to date.
6. Mr X paid all the outstanding council tax in January which meant the court hearing did not happen. He was still liable for the costs because these are incurred as soon as the Council serves the summons. The January payment meant Mr X had a zero balance for 2023/24.
7. The Council issued a new council tax bill for 2024/25. Again, Mr X did not pay as billed. He did not pay the instalment due on 15 May and the Council issued a reminder on 28 May. Mr X did not bring his account up to date, and was late with the June payment, so the Council issued a summons. Mr X did not pay the arrears before the court date and the court issued a liability order. A liability order is a court order saying the person must pay the council tax. The most recent letter I have seen says Mr X owes £1055 and the Council has asked him to arrange payment.
8. Mr X had applied for council tax reduction (CTR). The Council rejected the claim because Mr X has too much capital to qualify. Mr X had argued that the Council should not have taken recovery action while he was waiting for the CTR to be assessed. But, the Council correctly explained he was still required to pay pending a claim.
9. I will not start an investigation because there is insufficient evidence of fault by the Council. The law says people pay their council tax as stated on the bill. If they do not pay or pay late, then a council will issue a reminder. If the person does not pay in accordance with the reminder a council can serve a summons. If someone does not pay in accordance with a second reminder, or pays late on a third occasion, a council can issue a summons. The law does not say a council must always issue two reminders before issuing a summons.
10. The Council followed the correct procedure and issued the summonses in accordance with the regulations. This is because Mr X did not pay as billed or in accordance with the reminders. The Council correctly charged court costs as these are incurred as soon as the summons is issued. There is nothing to suggest harassment or incompetence as alleged by Mr X.
11. Mr X also complained he was only given seven days to respond to the reminders but that is the period stated in the regulations.
12. I appreciate Mr X has felt stressed by the recovery action, and he has described the impact it has had on his health, but there is no suggestion of fault by the Council and no reason to start an investigation.

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Final decision

13. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman