Summary: We will not investigate this complaint about council tax banding and recovery action as it is unlikely we will find fault by the Council.

The complaint

1. Miss X complained the Council took recovery action on her council tax account when she was challenging the banding and had made payments to the account. Miss X says this impacted her mental health.

Back to top

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 or continue 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))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. In its complaint responses to Miss X, the Council explained that council tax bands are set by an independent body, the Valuation Office Agency and until that body changed the band, it must collect tax for the band being challenged. It explained that whilst Miss X had made some payments, she had not paid the instalments required and as such, it took recovery action on the account, after sending reminders and a summons. The Council explained the legal basis for this.
6. I recognise that Miss X is unhappy with what took place, but we will not investigate as it is unlikely we will find fault by the Council in its administration of the council tax account.

Back to top

Final decision

7. We will not investigate Miss X’s complaint because it is unlikely we will find fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman