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

The complaint

1. The complainant, Ms X, complains the council did not provide her with the date of a council tax court hearing and, as a result, she could not defend the case and had to pay £100 in costs. Ms X wants an apology and a refund with interest.

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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 and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. The law says people must pay their council tax before the instalment date stated on the bill. If people pay late on more than two occasions, they lose the right to pay by instalments. The Council can then issue a final notice and demand they pay the full amount which is due for the rest of the year. If they do not pay the Council can serve a summons and ask the magistrates for a liability order. A liability order is an order confirming the person must pay the council tax and costs. The summons includes the date of the court hearing.
5. Ms X did not pay her council tax as billed for 2024/25. She made payments but they were late and she did not pay in June and November. The Council issued two reminders and a final notice; it also sent text reminders. Ms X says she did not get the reminders or texts. She received the final notice but thought it was a mistake because she had not received any reminders and thought her on-line account indicated the account was clear.
6. Ms X did not pay the council tax as requested in the final notice, so the Council served a summons in November and charged costs. Ms X contacted the Council a few days later and an officer explained why the Council had issued the summons.
7. Ms X paid the council tax but wants the Council to refund the costs because she did not get the reminders and the Council did not respond to her enquiries regarding the court date.
8. In response to Ms X’s complaint, the Council confirmed the reminders and texts were sent and no letters were returned as not delivered. It explained the court date was listed on the summons and that Ms X did not look at her on-line account closely enough to see the arrears.
9. I will not start an investigation because there is insufficient evidence of fault by the Council. The records show Ms X did not pay as billed so the Council was entitled to take recovery action. I do not know why Ms X did not receive the reminders or texts but there is nothing to suggest it was due to fault by the Council. In addition, if Ms X had paid the council tax as requested by the final notice, she would not have incurred any costs. Ms X says she could not defend herself in court because the Council did not give her the hearing date; but the date was listed on the summons. Even if Ms X had attended the hearing, she would still have been liable for the costs and the council tax.

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Final decision

10. 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