Summary: We will not investigate this complaint about council tax arrears and council tax reduction. This is because there is insufficient evidence of fault by the Council and because there were appeal rights the complainant could have used.

The complaint

1. The complainant, Mr X, says the Council took him to court for council tax arrears without giving him advance notice. Mr X also says the Council ended his council tax reduction (CTR) claim with no explanation. Mr X wants the Council to explain why the CTR ended, stop the recovery action, and pay compensation.

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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))
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

5. I considered information provided by Mr X and the Council. This includes the complaint correspondence and a copy of a summons and some CTR letters. I also considered our Assessment Code.

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My assessment

6. Mr X has council tax arrears from 2014 until now and currently owes more than £7000. The Council is recovering the arrears through bailiffs and an Attachment of Earnings Order. Mr X last received CTR in 2023 and unsuccessfully applied for backdating to 2021; the Council refused to backdate the award but notified Mr X of his appeal rights. The Council has invited him to reapply for CTR.
7. The Council sent Mr X a summons in June 2024 notifying him of court action for council tax arrears; the court granted a liability order in June 2024. The Council says that, over the years, it has had many conversations with Mr X and set-up special payment arrangements.
8. Mr X says the Council did not tell in advance about the court action and has not explained why the CTR ended.
9. I will not investigate this complaint because there is insufficient evidence of fault by the Council. I have seen a copy of the summons and the Council notified Mr X of the court action. I do not know why Mr X did not receive the summons but the Council used the correct address and is not responsible for problems with the post. In addition, the Council has invited Mr X to reapply for CTR.
10. I also will not investigate this complaint because Mr X could have used his appeal rights if he disagreed with the decision to end his CTR award. If he appealed then the response would have included more information. It is reasonable to expect Mr X to appeal because the tribunal is the appropriate body to consider CTR disputes and the Council notified Mr X of his appeal rights.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council and because he could have used his appeal rights.

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Investigator's decision on behalf of the Ombudsman