Summary: We will not investigate this complaint about court costs for council tax arrears. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, says she unaware of a council tax bill and wants the Council to refund the court costs.

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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 Ms X. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Ms X had council tax arrears. The Council issued a final notice for £540 in December 2023. The notice said the Council would issue a summons, and charge costs, if Ms X did not pay all the council tax. Ms X set up a payment plan and paid £270 in January. Ms X did not keep to the rest of the plan.
5. Ms X sold the property in March and the Council asked her to provide the completion documents. Ms X also queried the council tax balance. The Council sent an email saying she owed £270. It cancelled the payment plan because Ms X had not maintained it.
6. In June the Council issued an adjusted bill to reflect the sale of the property. It sent a bill for £55 to Ms X’s current address. Ms X says she did not receive this bill.
7. The Council issued a summons for £55 plus costs of £53. Ms X paid £55. The Council explained she needed to pay the costs, before the court date, to avoid further costs. Ms X did not pay and a further £41 was added in costs.
8. Ms X paid the outstanding costs but says the Council should refund the £95 because she was unaware of the council tax and did not get the bill in June. Ms X says the Council should use multiple communication methods and it had her email.
9. In response to her complaint the Council said Ms X had been aware she owed £270 because that information had been included in the final notice and in the March email. It said the final notice had warned of possible costs if she did not pay all the council tax. The Council said it sent the June bill to the correct address and nothing had been returned by Royal Mail.
10. I will not investigate this complaint because there is insufficient evidence of fault by the Council. Ms X was aware she had arrears and this was confirmed by email in March. Ms X did not keep to the payment plan and the Council could have served a summons, and charged costs, at any time from when she broke the plan. The Council had warned Ms X she would incur costs if she did not pay the outstanding council tax.
11. I do not know why Ms X did not get the adjusted bill in June, but the Council sent it to her current address and was only required to send it by post. Further, this was a not a new council tax charge but the remainder of what had already been notified.
12. Ms X paid the council tax of £55 but queried the costs. It is correct that court costs are incurred, and must be paid, after a summons has been issued. In addition, if the person does not pay the costs before the hearing, then it is correct they will incur further costs. The Council explained this to Ms X and gave her the chance to pay before she incurred further costs.
13. I have considered the Council’s actions since Ms X accrued arrears in 2023; there is nothing to suggest fault by the Council and no reason to start an investigation or ask for a refund.

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Final decision

14. 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