Gedling Borough Council (24 012 600)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about enforcement of a Council tax debt because the matter has been remedied.
The complaint
- Mr X complains that the Council pursued enforcement action against his company for non payment of a Council tax debt for which it was not liable.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that the Council issued a summons and Liability Order against his company for non payment of Council tax despite being aware that there was evidence to show that his company was not liable.
- The Council accepts that no further enforcement should have been pursued following receipt of the evidence. It has apologised and waived all costs and the offered compensation equivalent to any legal costs he may have incurred in disputing the decision.
- Whilst I appreciate the stress and frustration Mr X suffered, I am satisfied that the Council’s actions are a remedy to the matter and there are no grounds to pursue the matter further.
Final decision
- We will not investigate Mr X’s complaint because the matter has been remedied.
Investigator's decision on behalf of the Ombudsman